Patricia P. Brethour

The City of Ottawa applied for judicial review of an arbitration award which held that the City was obligated under the collective agreement to pay the costs associated with the Ontario Health Premium on behalf of its employees.

The Divisional Court applied the patent unreasonableness standard of review.

The court found that the arbitration board's conclusion was logical and founded in the language of the collective agreement, and therefore dismissed the application.

The applicant, an owner-operator, filed a complaint alleging the union breached sections 70 and 82(2) of the Labour Relations Act.

The applicant alleged the union acted arbitrarily by transferring him to a different pipeline loop and introducing a rotation system.

The Board dismissed this portion of the complaint, finding the union's actions were reasonable and in the best interests of the owner-operators.

However, the Board found the union violated section 82(2) by refusing to accept the applicant's union dues and renew his membership as a penalty for filing the complaint.

The Board ordered the union to compensate the applicant for lost earnings and restore his name to the dispatch list upon payment of dues.