David I. Wakely

The applicant unions sought judicial review of an interim decision of the Ontario Labour Relations Board regarding card-based certification.

The employer had provided lists of employees for two prospective bargaining units with 24 overlapping names.

The unions agreed between themselves on how to allocate the overlapping workers and argued the employer was bound by this agreement.

The Board ruled the employer was not a party to the agreement and ordered the employer to provide an unqualified list.

The Divisional Court dismissed the application for judicial review, finding the Board's decision was reasonable and consistent with its jurisprudence.

The applicant employer sought judicial review of a labour arbitrator's decision reversing a two-week suspension imposed on an employee for fighting.

The arbitrator found that the employee had not engaged in a fight, preferring the employee's viva voce evidence over written statements filed by the employer.

The Divisional Court dismissed the application, holding that the arbitrator's factual findings were not patently unreasonable and that the arbitrator correctly held the employer to the specific grounds assigned for discipline.