Regina v. Krever et al., Ex parte International Chemical Workers Union, Local 161
Collective Agreement Dispute: Arbitration Board Exceeds Jurisdiction
Summary
A merits decision involving a dispute over whether an arbitration board exceeded its jurisdiction by creating a new exception to a collective agreement, allowing a supervisor to perform work normally done by bargaining unit employees. The court held that the board erred in law by concluding compliance with the collective agreement required breaching the Atomic Energy Control Act.
Outcome
Certiorari issued to quash the award and remit the matter for proper determination.
Key Factors
- collective agreement
- arbitration board jurisdiction
- employment contract interpretation
- Atomic Energy Control Act
- supervisory work in bargaining unit
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