Jeremy McLeish

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.

The applicant employer sought judicial review of two Ontario Labour Relations Board decisions: a default decision finding it violated a collective agreement and awarding damages, and a decision denying reconsideration.

The employer had failed to participate in a related jurisdictional dispute or file a timely response to the grievance.

The Divisional Court dismissed the application, finding the Board's decisions were neither procedurally unfair nor unreasonable, as the employer had ample opportunity to participate but chose not to do so until the eve of the damages hearing.