Background

• The Plan and the Parties: The plan, a joint health and welfare benefit plan, covered forest industry workers. The trustees were appointed by the United Steelworkers (USW) and Forest Industrial Relations Ltd. (FIR), equally split between union and employer representatives.
• The Dispute: During a strike, the employer trustees argued that benefits ceased, while the union trustees argued they continued. The matter went to arbitration, and the arbitrator concluded that the workers were not entitled to benefits during the strike.

Arbitrator’s Awards

• Original Award: The arbitrator concluded that only workers whose employers were FIR members were covered.
• Clarification Award: The arbitrator clarified that the employers in question were not FIR members and, therefore, not covered.

Legal Issues

• Leave to Appeal under Section 31: The union trustees argued the arbitrator erred in relying on the conduct of WFP and the Union. The court found that this was a mixed question of fact and law, not a question of law, and denied leave to appeal.
• Setting Aside under Section 30: The court agreed that the arbitrator failed to address the estoppel argument, constituting a breach of natural justice. The court remitted the award for reconsideration.

Held: The petition was allowed, the Clarification Award was remitted for reconsideration, and the arbitrator was directed to reconsider the matter.

Costs: The court did not award costs to either party, as both had valid arguments.