The applicant employer sought judicial review of two Ontario Labour Relations Board decisions excluding certain employees from a bargaining unit during a union certification process.
The Board had excluded 11 drivers based on the 'greatest attachment' test and 15 employees under the 'office and clerical' exception.
The Divisional Court held that the standard of review was reasonableness.
The Court found that the Board reasonably applied the greatest attachment test given the agreed-upon geographical limitation of the bargaining unit, and reasonably concluded that the disputed employees' duties were administrative in nature.
The application for judicial review was dismissed.
