Isabelle v. Ontario Public Service Employees Union

Isabelle v. Ontario Public Service Employees Union

Under the Act and the collective agreement the Council was an agent for centralized bargaining but did not, by the agreement's terms or the statute, create centralized arbitration binding all colleges not party to a specific arbitration; because the appellants were not notified or invited to the arbitration concerning Fanshawe College, the award did not bind them and contempt could not be sustained.

Citation
[1981] 1 SCR 449
Parties
Appellants/plaintiffs: Laurent Isabelle et al; Respondent/defendant: Ontario Public Service Employees Union
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 May 1981
Procedural Posture
Appeal From Court of Appeal for Ontario (labour/collective Bargaining) / Supreme Court of Canada Final Judgment on Appeal
Outcome
Appeal allowed; judgments below set aside; application dismissed; declaration of award binding on appellants set aside; appellants awarded costs throughout.
Legal Topics
Collective Agreement Enforcement, Centralized Bargaining, Binding Arbitration, Contempt Proceedings, Natural Justice
Source Language
English
Labour Law Collective Bargaining Arbitration Administrative Law Collective Agreement Enforcement Centralized Bargaining Binding Arbitration Contempt Proceedings +1 more

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Parties

Laurent Isabelle et al

Appellants/plaintiffs

Ontario Public Service Employees Union

Respondent/defendant

Procedural Posture

Appeal From Court of Appeal for Ontario (labour/collective Bargaining) / Supreme Court of Canada Final Judgment on Appeal

Legal Issues

  1. 1 Whether an arbitration award against one college bound all colleges under a centralized collective agreement and statute
  2. 2 Whether appellants not party to arbitration could be held in contempt for non‑compliance
  3. 3 Whether the Ontario Council of Regents' role created centralized arbitration binding on all colleges

Ratio Decidendi

Under the Act and the collective agreement the Council was an agent for centralized bargaining but did not, by the agreement's terms or the statute, create centralized arbitration binding all colleges not party to a specific arbitration; because the appellants were not notified or invited to the arbitration concerning Fanshawe College, the award did not bind them and contempt could not be sustained.

Court Disposition

Appeal allowed; judgments below set aside; application dismissed; declaration of award binding on appellants set aside; appellants awarded costs throughout.

Orders

  • Allow appeal
  • Set aside judgments of trial court and Court of Appeal