2 total
Judicial review of OLRB union certification dismissed; Board's decision without a hearing was fair and reasonable.
The employer and seven employees sought judicial review of two decisions of the Ontario Labour Relations Board: a decision certifying the union as the bargaining agent for a unit of carpenters, and a decision dismissing requests for reconsideration.
The applicants argued the decisions were procedurally unfair because they were made without a hearing, and unreasonable because the Board failed to properly consider allegations that the union organizer used misrepresentation to obtain signed membership cards.
The Divisional Court dismissed the applications, finding that the Board's specialized procedures permitted it to decide the matter without a hearing, and that its decisions were rational, logical, and tenable based on the evidence and submissions.
Judicial review of arbitrator's interim summons for a Crown brief dismissed as premature.
The applicant sought judicial review of an arbitrator's interim procedural ruling that issued a summons compelling the production of a Wagg brief in a grievance arbitration.
The Divisional Court dismissed the application, holding that it is premature to judicially review interlocutory decisions of administrative decision-makers.
The court found that the arbitrator has the authority to rule on her own jurisdiction and procedural matters, and that fragmenting the arbitration process would frustrate legislative goals.
