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Judicial review dismissed; OLRB reasonably certified supermarket meat department workers as a craft bargaining unit.
Sobeys Capital Inc. applied for judicial review of an Ontario Labour Relations Board decision certifying Local 633 as a craft bargaining unit for 15 meat department workers at a Toronto supermarket.
Sobeys argued the decision was unreasonable, contrary to precedent, and created an absurd result by leaving the remaining 92 percent of employees non-unionized.
The Divisional Court dismissed the application, finding the OLRB's decisions under both s. 9(3) and s. 9(1) of the Labour Relations Act were reasonable, given the union's long history of representing supermarket meat department employees and the lack of evidence that certification would cause labour relations problems.
Personal respondents removed from human rights application as corporate respondent acknowledged vicarious liability.
The respondent requested an order to remove the personal respondents from the human rights application.
The applicant opposed the request, arguing that the personal respondents created a poisoned work environment and engaged in discriminatory behaviour.
The Tribunal applied the Persaud factors and found that the corporate respondent acknowledged the personal respondents were acting within the course of their employment and would be vicariously liable for their conduct under section 46.3(1) of the Human Rights Code.
The Tribunal concluded that the corporate respondent was in the best position to remedy any alleged discrimination and that removing the personal respondents would not prejudice the applicant.
The request was granted and the personal respondents were removed.
