The applicant employer sought judicial review of an Ontario Labour Relations Board decision certifying the respondent union to represent a bargaining unit of operating engineers.
The employer challenged the Board's decision to exclude four working forepersons from the bargaining unit.
The Board had applied the 'majority-of-time' test because the forepersons supervised mixed crews, concluding the employer failed to prove they spent the majority of their time performing or supervising bargaining unit work on the application filing date.
The Divisional Court dismissed the application, finding the Board's choice and application of the test were reasonable and consistent with its specialized expertise in construction industry labour relations.
