Court upheld the finding of illegality of overtime ban, but struck down the board's remedial order. Held that the privative clause did not prevent the court from reviewing for correctness, because the issue of remedy was a jurisdictional question not protected by the privative clause. Thus the court thrown in the position of attempting to determine which clause limit jurisdiction and which ones allow the board to precede within jurisdiction. It will not be difficult for the court to manipulate the concept of jurisdiction conferring provisions when the court wishes to substitute its opinion for that of the tribunal. Gendron Union found to have violated duty of fair representation in conduct of arbitration hearing, and board held that the matter should be re-arbitrated.
Court holds that labour court exceeded jurisdiction in ordering such remedy.
Could employer seek damages from union caused by an illegal strike, by bringing an action in court. Courts are not a forum of original jurisdiction for disputes arising under a collective agreement, except that the courts retain the jurisdiction to provide injunctions to prevent the continuation of illegal strikes. The case provides a significant announcement of courts deferring to arbitration as the preferred forum for resolving workplace disputes where there is a collective agreement in effect. Arbitrator acted within jurisdiction in deciding that grievance was not late. His interpretation of collective agreement was reasonable, and hence decision should stand.