The Service Employees International Union applied for judicial review of an interest arbitration award that imposed a zero salary increase for the first two years of a collective agreement with 98 nursing homes.
The union argued the arbitrator unreasonably ignored the employers' ability to pay, mischaracterized Ontario's economy, and relied on inappropriate comparable settlements.
The Divisional Court dismissed the application, finding the arbitrator's application of the statutory criteria under the Hospital Labour Disputes Arbitration Act and his ultimate award were reasonable and entitled to a high degree of deference.
