The applicant union sought judicial review of four Ontario Labour Relations Board decisions that required it to enter into a collective agreement with the respondent employer following a final offer vote under s. 42(1) of the Labour Relations Act, 1995.
The union had refused to sign the agreement, arguing it would break a pattern agreement applicable to the non-ICI construction sector.
The Divisional Court found the Board's decisions unreasonable, holding that the Act does not require a union to object to a final offer vote at the outset, and that the Board unreasonably excluded the existence of a pattern agreement as a justification for refusing to sign.
The application was allowed and the matter remitted to a different panel of the Board.
