The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing his complaint that his union breached its duty of fair representation.
The union had negotiated mid-term amendments to a collective agreement with Loblaws to address competition from Wal-Mart, without holding a ratification vote by the general membership.
The Divisional Court held that the standard of review was patent unreasonableness and found that the Board's interpretation of the Labour Relations Act and its conclusion that the union acted fairly and reasonably were not patently unreasonable.
The application for judicial review was dismissed.
