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.