Stephen Shore

The applicant employer sought judicial review of the Ontario Labour Relations Board's decision to certify a union for a bargaining unit of employees at a specific hotel location.

The employer argued the bargaining unit was inappropriate due to employee interchange across multiple locations and that the Board denied procedural fairness by excluding certain casual employees without an oral hearing.

The Divisional Court dismissed the application, finding the Board's determination of the bargaining unit and employee status was reasonable and fell within its core expertise.

The Court also found no denial of procedural fairness, as the Board provided ample opportunity for written submissions.

The applicant employer sought a stay of an Ontario Labour Relations Board decision certifying the respondent union as the exclusive bargaining agent for a group of its employees, pending judicial review.

The employer argued it would suffer irreparable harm by being forced to choose between pursuing judicial review or complying with its obligation to bargain in good faith, and by expending unrecoverable resources on collective bargaining.

The Divisional Court dismissed the motion, finding that the employer could bargain in good faith while reserving its rights pending judicial review, and that mutual, unremarkable process costs do not constitute irreparable harm.