The applicant employer sought judicial review of two Ontario Labour Relations Board decisions granting union certification in the construction industry.
The employer argued the Board erred by accepting a union membership card from an employee who worked on the application date but signed the card later that day after being laid off.
The Divisional Court held that the standard of review was reasonableness.
The Court found the Board's long-standing practice of not parsing the date of application into units of time of less than a day was consistent with the Labour Relations Act and its purposes.
The application for judicial review was dismissed.
