O.P.S.E.U. v. Seneca College (Div. Ct.)

Summary

A judicial review of an arbitration board's decision in a collective agreement dispute, where the board found the employer breached the agreement by using a rolling average method instead of a fixed weekly maximum method. The board refused to issue a declaration or compensation, citing union conduct and lack of employer intent. The court found the board's decision patently unreasonable and granted judicial review.

Outcome

Judicial review granted

Key Factors

• collective agreement breach
• rolling average method
• arbitration board jurisdiction
• judicial review
• estoppel not applicable