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ARTICLE · 18 NOVEMBER 2022

Can There Be A Central Arbitration Over Local Terms? The Divisional Court Weighs In

Hicks Morley Hamilton Stewart Storie LLP
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The Ontario Divisional Court recently dismissed an application for judicial review of a preliminary arbitration decision in which Arbitrator Steinberg concluded...

CanadaLitigation, Mediation & Arbitration
Grant R. Nuttall
Grant R. Nuttall
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The Ontario Divisional Court recently dismissed an application for judicial review of a preliminary arbitration decision in which Arbitrator Steinberg concluded that he lacked jurisdiction over aspects of the Ontario English Catholic Teachers' Association's (OECTA) grievance alleging violations of the preparation, planning and supervision (PPS) provisions of the collective agreement. He determined that the PPS provisions were not “central terms” within the meaning of the School Boards Collective Bargaining Act, 2014  (SBCBA).

Central Bargaining/Steinberg Arbitration Award

The case involved a dispute between OECTA, the Ontario Catholic Schools Trustees' Association (OCSTA) and the Crown in Right of Ontario (Ministry of Education).

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