Wallace M. Kenny

The applicant union sought judicial review of an Ontario Labour Relations Board (OLRB) decision which held that the OLRB had jurisdiction under the Colleges Collective Bargaining Act to determine the date of a strike vote.

The union argued that the union had the exclusive right to set the date and that the OLRB's power to supervise the vote did not include setting the date.

The Divisional Court dismissed the application, finding the OLRB's interpretation of its home statute was reasonable and that the plain meaning of the authority to supervise and manage a vote included the right to set the date.

The applicant employer sought judicial review of an arbitration award that allowed grievances filed by the respondent union.

The arbitrator had found that employees laid off for more than 35 weeks could concurrently elect to receive severance pay under the Employment Standards Act, 2000 and claim retirement benefits under the collective agreement.

The Divisional Court applied the reasonableness standard of review and upheld the arbitrator's decision, finding her interpretation of the collective agreement and treatment of arbitral jurisprudence to be intelligible, transparent, and justified.

The application was dismissed.