David M. Chondon

The applicants sought judicial review of an interest arbitrator's interim award regarding the renewal of collective agreements.

The arbitrator concluded he had jurisdiction to interpret the Competition Act but exercised his discretion to defer those issues to the Competition Tribunal or the courts.

The Divisional Court held that the arbitrator's exercise of discretion was subject to a reasonableness standard of review.

The Court found the arbitrator's decision to defer was reasonable given the Competition Tribunal's specialized expertise, the potential ramifications beyond the parties, and the expedited nature of the interest arbitration process.

The application for judicial review was dismissed.

The grievor alleged he was laid off without just cause.

The Grievance Settlement Board directed the employer to pay the grievor a retiring allowance of $2,500 to resolve all outstanding claims and grievances.

The applicants sought to terminate the bargaining rights of the union.

The union alleged that the employer initiated the application and engaged in threats, coercion, or intimidation, contrary to section 63(16) of the Labour Relations Act.

The Board found that the employer had significantly and influentially involved itself in the initiation and support of the termination application, including providing financial support, facilitating the collection of petition signatures during working hours, and providing transportation to the representation vote.

The Board exercised its discretion to dismiss the application and ordered the ballots destroyed.

The applicant union applied for certification of a bargaining unit of employees at a child care centre.

The employer requested a representation vote, arguing that the current workforce was not a substantial and representative part of the expected workforce due to a planned build-up of employees for the school age program.

The Board applied the build-up principle and found that over fifty percent of the anticipated number of employees were employed on the application date.

The Board declined to order a representation vote and granted automatic certification.