Re Ontario Public Service Employees Union and The Queen in right of Ontario et al.

Summary

A merits decision involving a dispute over the jurisdiction of the Ontario Grievance Settlement Board to adjudicate grievances under expired collective agreements. The case examines whether the Board has the authority to hear such disputes if they arose during the term of the agreement, and the decision was overturned for errors in reasoning and failure to apply governing principles.

Outcome

Board’s decision overturned for errors in reasoning and failure to properly apply governing principles

Key Factors

• grievance arbitration
• jurisdiction of statutory arbitration boards
• expired collective agreements
• Crown Employees Collective Bargaining Act
• judicial review