Union hearing an arbitration?

Is a hearing held pursuant to a union constitution an arbitration?  Is the decision of a hearing officer, in such a proceeding, capable of being enforced through the courts as an arbitration award? 

Apparently not. See today's decision in Universal Workers Union (Labourers' International Union of North America, Local 183) v. Ferreira, 2009 ONCA 155:

[55]          In the final analysis, based on the language used, the process contemplated in the Local Constitution, and the nature of the relationship between the parties, although the appellants agreed to be bound by the process contained in article XII, they did not agree to submit disputes to arbitration.  Article XII is nothing more or less than what it appears – an internal mechanism by which disciplinary matters that arise under the terms of the Local Constitution may be resolved without recourse to outside bodies.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
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