Judicial review of Labour Relations Board decision dismissed; finding of no unlawful employer support was reasonable.
The applicant union sought judicial review of an Ontario Labour Relations Board decision granting bargaining rights to a competing union.
The applicant argued that a voluntary recognition agreement between the employer and the competing union constituted unlawful employer support under s. 53 of the Labour Relations Act.
The Divisional Court dismissed the application, finding the Board's conclusion that the agreement was a bona fide settlement of an outstanding application, rather than unlawful support, was reasonable and entitled to deference.
Universal Workers Union v. Maystar General Contractors Inc., 2016 ONSC 5691