Anthony Kwong

The applicant union (UA) sought judicial review of two Ontario Labour Relations Board decisions regarding a jurisdictional dispute over the installation of a water-based fire suppression system.

The Board had assigned the work to the Labourers' International Union of North America (LIUNA) based on area practice, despite UA's argument that the Building Opportunities in the Skilled Trades Act, 2021 (BOSTA) created exclusive jurisdiction for its members.

The Divisional Court dismissed the application, finding the Board's decision reasonable.

The Board reasonably concluded that BOSTA's purpose is to protect the public by determining necessary skill sets, not to override the traditional factors considered in work assignment disputes between competing unions.

The applicant union sought judicial review of an Ontario Labour Relations Board decision dismissing its application for a related employer declaration under s. 1(4) of the Labour Relations Act.

The Board had found the statutory prerequisites were met but declined to exercise its discretion to grant the declaration, reasoning it would improperly expand the union's bargaining rights without any actual erosion of existing rights.

The Divisional Court dismissed the application, finding the Board's exercise of discretion was reasonable, intelligible, and entitled to deference.

The applicant employer sought judicial review of an arbitrator's decision confirming his jurisdiction over certain conductor-only grievances.

The Divisional Court dismissed the application as premature, finding that the arbitrator had only determined he remained seized of the process to decide the scope of his authority, but had not yet ruled on whether the specific lead grievances were arbitrable.

The court noted that any challenge to the arbitrator's general jurisdiction should have been brought after his initial 2018 interlocutory order.