Bell Canada v. Office & Professional Employees' Union

Bell Canada v. Office & Professional Employees' Union

Majority: The arbitrator erred in law in treating the employer's statutory/company pension retirement as a "dismissal" under Article 8 of the collective agreement; that finding exceeded the arbitrator's jurisdiction under the agreement and was reviewable and reversible by the courts on the face of the award; appeal allowed and arbitrator's decision quashed.

Citation
[1974] SCR 335
Parties
Appellant (plaintiff): Bell Canada; Respondent (defendant): Office and Professional Employees' International Union, Local 131
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 May 1973
Procedural Posture
Labour Law — Arbitration/judicial Review / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Judgment on Appeal
Outcome
Appeal allowed (majority); decision of arbitrator quashed; Court of Appeal erred.
Legal Topics
Arbitrability, Judicial Review of Arbitral Awards, Collective Agreement Interpretation, Pension/retirement Vs Dismissal
Source Language
English
Labour Law Arbitration Law Administrative Law Arbitrability Judicial Review of Arbitral Awards Collective Agreement Interpretation Pension/retirement Vs Dismissal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Bell Canada

Appellant (plaintiff)

Office and Professional Employees' International Union, Local 131

Respondent (defendant)

Procedural Posture

Labour Law — Arbitration/judicial Review / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Judgment on Appeal

Legal Issues

  1. 1 Whether compulsory retirement under employer pension plan constitutes a "dismissal" under the collective agreement
  2. 2 Whether the arbitrator exceeded his jurisdiction in finding retirement was a dismissal
  3. 3 Whether the courts may review an arbitrator's preliminary decision on arbitrability for error of law on the face of the award when the question arose in the ordinary course

Ratio Decidendi

Majority: The arbitrator erred in law in treating the employer's statutory/company pension retirement as a "dismissal" under Article 8 of the collective agreement; that finding exceeded the arbitrator's jurisdiction under the agreement and was reviewable and reversible by the courts on the face of the award; appeal allowed and arbitrator's decision quashed.

Court Disposition

Appeal allowed (majority); decision of arbitrator quashed; Court of Appeal erred.

Orders

  • Allow appeal
  • Quash the arbitrator's decision that the retirement amounted to a dismissal