The appellant company appealed an order allowing the respondent union's claim to proceed in court, arguing that an arbitrator had exclusive jurisdiction over the dispute based on the Weber principle.
Previously, the union had filed a grievance, but the appellant argued the arbitrator lacked jurisdiction, leading the arbitrator to dismiss the grievance.
The union then sought relief from the Unemployment Insurance Commission and subsequently the courts.
The Court of Appeal dismissed the appeal, holding that the issue of arbitrability was res judicata due to the arbitrator's final decision and a previous court ruling.
The appellant was precluded from re-litigating the jurisdictional issue or raising new evidence that could have been presented earlier with due diligence.
