The applicant employer sought judicial review of a labour arbitrator's decision that interpreted a collective agreement's scope clause to include owner-operators in Cambridge, expanding the bargaining unit beyond the geographic parameters of the original Canada Labour Relations Board certificate.
The Divisional Court applied the pragmatic and functional approach, determining that the arbitrator's interpretation of the collective agreement was subject to a standard of patent unreasonableness, while her interpretation of the Canada Labour Code was subject to a standard of reasonableness.
The court held that the arbitrator had jurisdiction to recognize a bargaining unit expanded by mutual agreement and that her interpretation was not patently unreasonable.
The application for judicial review was dismissed.
