What is the test for arbitrator jurisdiction in a grievance?
Ontario, Canada
The following excerpt is from Ontario Public Service Employees Union v Ontario Public Service Staff Union, 2019 CanLII 264 (ON LA):
10. The Employer submits that, pursuant to Windsor v. Windsor Professional Firefighters Association, (2009) 186 L.A.C. (4th) 225 at paras 68-79, the following standards need to be met for an arbitrator to have jurisdiction over a grievance, and that the Union and the Grievors have not met these standards:
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