The employer and seven employees sought judicial review of two decisions of the Ontario Labour Relations Board: a decision certifying the union as the bargaining agent for a unit of carpenters, and a decision dismissing requests for reconsideration.
The applicants argued the decisions were procedurally unfair because they were made without a hearing, and unreasonable because the Board failed to properly consider allegations that the union organizer used misrepresentation to obtain signed membership cards.
The Divisional Court dismissed the applications, finding that the Board's specialized procedures permitted it to decide the matter without a hearing, and that its decisions were rational, logical, and tenable based on the evidence and submissions.