Process and procedure – Grievances - Arbitration - Jurisdiction - Parties - Standing

Law360 Canada (July 18, 2022, 9:17 AM EDT) -- Appeal by Arora from dismissal of his petition for judicial review seeking to quash three decisions of arbitrator. The petition was dismissed on the basis that Arora was not a party to the arbitrations and did not have standing to seek judicial review. He submitted the judge erred in finding that he had no standing and asked that the petition be allowed to proceed. In 2010, Arora began working for the respondent, Canadian National Railway Company (“CN”). He was a unionized employee. The International Brotherhood of Electric Workers (System Council No. 11) (“Union”), was the exclusive bargaining agent for Arora’s position. CN initiated three disciplinary investigations involving Arora. The three grievances were heard together by an arbitrator, Hornung. The investigations concluded that Arora committed three infractions which included unauthorized leave of absence, refusal to follow a supervisor’s instructions, and uttering a threat to company officers. Arora was assessed demerit points and discharged. Arora challenged the decisions of Hornung. CN brought an application to have it dismissed on the ground that Arora had no standing to seek judicial review....
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