Peigi Ross

The applicant union sought judicial review of decisions by the Ontario Labour Relations Board approving a settlement between a rival union and the employers.

The settlement declared two drugstore chains to be related employers and granted the rival union sole bargaining rights for all employees of the non-unionized chain in Ontario, including the Ottawa region where the applicant traditionally represented employees of the unionized chain.

The applicant was not given notice of the settlement or the underlying applications.

The Divisional Court granted the application for judicial review, finding that the Board breached the duty of procedural fairness by unreasonably requiring the applicant to already represent employees of the non-unionized chain to be entitled to notice.

The Court held that the applicant was significantly affected by the decision and had a right to intervene.

The applicant union sought judicial review of an arbitrator's decision finding that the union violated the collective agreement by threatening a full-time firefighter with union charges if he accepted a volunteer position with the respondent town.

The arbitrator held that the union president's actions interfered with the town's right to use volunteer firefighters and that the union could not rely on its constitution to derogate from its obligations under the collective agreement.

The Divisional Court dismissed the application, finding the arbitrator's decision reasonable.