David Jewett

The City of Ottawa applied for judicial review of an arbitration award which held that the City was obligated under the collective agreement to pay the costs associated with the Ontario Health Premium on behalf of its employees.

The Divisional Court applied the patent unreasonableness standard of review.

The court found that the arbitration board's conclusion was logical and founded in the language of the collective agreement, and therefore dismissed the application.

The Carpenters' union applied for certification of employees of Construction P.H. Grager Inc. The Labourers' union requested reconsideration, arguing they already held bargaining rights through a prior company, Pierre A. Gratton Construction Inc., which was a related or successor employer.

The Board found that a sale of a business had occurred under section 63 of the Labour Relations Act, as the new company acquired the experience and expertise of the prior company's principal.

Consequently, the Carpenters' application was deemed a displacement application, the previous certificate was rescinded, and a representation vote was ordered.