The applicant employer sought judicial review of an arbitrator's decision dismissing its policy grievance.
The grievance alleged that the respondent union violated the collective agreement by maintaining that bargaining unit employees were not required to work on paid holidays without their consent.
The Divisional Court found that the arbitrator's interpretation of the collective agreement was supported by the contractual language.
Although the arbitrator erred in referencing the 'no contracting out' provision of the Employment Standards Act, 2000, the court concluded that this was not the basis for his decision and upheld his findings as reasonable.
The application for judicial review was dismissed.