Frank J. Cesario

The applicant union sought judicial review of a labour arbitrator's award dismissing a grievance over the respondent hospital's unilateral decision to change the designated home worksites of finance department employees following a merger.

The union argued the collective agreement's mobility clause prohibited this change.

The Divisional Court dismissed the application, finding the arbitrator reasonably concluded that the collective agreement did not restrict the hospital's management right to transfer employees between worksites.

The court also ruled that an affidavit tendered by the union to supplement the record was inadmissible.

The applicant sought judicial review of an Ontario Labour Relations Board decision that assigned scaffolding tending work to the Labourers rather than the Carpenters.

The applicant argued the Board unreasonably failed to apply the 'specialty scaffolding contractor' exception from its past jurisprudence.

The Divisional Court dismissed the application, finding the Board's decision was reasonable, as the Board had considered the past jurisprudence but concluded the exception did not apply on the facts of this case, given the nature of the work and the overwhelming area practice at the Bruce Power site.