The applicant union sought judicial review of a labour arbitrator's decision dismissing a national policy grievance.
The grievance alleged the employer's policy regarding the transfer of employees with permanent partial disabilities violated the collective agreement.
The union argued the arbitrator breached procedural fairness due to a five-year delay in rendering the decision and by relying on a provision of the collective agreement not raised by the parties.
The Divisional Court dismissed the application, finding the delay did not cause significant prejudice and the arbitrator was entitled to consider the entire collective agreement.
The court also held the arbitrator's interpretation of the collective agreement and the duty to accommodate was reasonable.
