Judicial review dismissed; OLRB reasonably found HR secretaries were not excluded from the bargaining unit.
The applicant school board sought judicial review of an Ontario Labour Relations Board decision finding that Human Resources Secretaries were not excluded from the bargaining unit under s. 1(3)(b) of the Labour Relations Act, 1995.
The Divisional Court held that the Board reasonably interpreted the provision as requiring the confidential capacity to relate to the specific bargaining unit in which the employee would be a member, to avoid a conflict of loyalty.
The application for judicial review was dismissed.
Greater Essex County District School Board v. Canadian Union of Public Employees, Local 1348, 2012 ONSC 5591
