The applicant union sought judicial review of an Ontario Labour Relations Board decision dismissing an unfair labour practice complaint.
The union alleged the employer violated the statutory freeze period under s. 86 of the Labour Relations Act by reducing employee benefits after the applicant displaced the incumbent union.
The Board found that the employer's obligation was only to pay premiums to the incumbent union's trust fund, which became impossible upon displacement.
Applying the 'reasonable expectations' test, the Board concluded the employer's substituted benefit plan was reasonably comparable and did not violate s. 86.
The Divisional Court held the Board's decision was reasonable and dismissed the application.
