Re Colonial Cookies, a Division of Beatrice International (Canada) Ltd. and United Food & Commercial Workers International Union, AFL, CIO, CLC, Local 617P et al.
Collective Agreement Penalty Dispute: Arbitrator's Jurisdiction Quashed
Summary
A labour and employment case involving a dispute over the arbitrator's jurisdiction to substitute penalties under a collective agreement. The collective agreement specified a penalty for certain infractions, including drunkenness, and the arbitrator substituted suspensions for discharges. The court ruled that the arbitrator exceeded jurisdiction by substituting penalties contrary to the collective agreement.
Outcome
Court quashing arbitrator's award for exceeding jurisdiction by misinterpreting the collective agreement
Key Factors
- collective agreement
- arbitrator's jurisdiction
- penalty substitution
- Ontario Labour Relations Act
- interpretation of contract clauses
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