The applicants brought a motion requesting that the Vice-Chair disqualify himself from hearing their unfair labour practice complaints, alleging a reasonable apprehension of bias.
The applicants argued that the Vice-Chair's extensive involvement in related proceedings and his previous decisions demonstrated a predisposition against their interests.
The Ontario Labour Relations Board dismissed the motion, finding that the test for bias is objective and that the applicants failed to establish any actual or reasonable apprehension of bias.
The Board noted that an adjudicator's familiarity with the parties and the industry is appropriate for an administrative tribunal and does not, by itself, constitute bias.
