On October 9, 2019 the Ontairo Divisional Court released its decision dismissing the Application for judicial review brought by Audio Visual Services (Canada) Corporation. Audio Visual Services (“the Applicant”) brought an Application for judicial review challenging the certificate issued to IATSE Local 58 to represent a site specific bargaining unit at the Sheraton Centre Toronto Hotel.
The OLRB has released 15 decisions dealing with the application for certification. The Board held that the Union’s site specific bargaining unit was appropriate. The Union argued that there was a stable and consistent complement of employees at the Sheraton Hotel. The Employer argued that there was significant interchange between locations which would create serious labour relaitons problems if there was a single location bargaining unit.
The Board determined that that full time and regular part time employees spend most of their time at the Sheraton and comprise a stable grouping. The Board determined the interchange did not establish labour relations harm.
The Divisional Court rejected the Applicant’s argument that the Board’s decisions were unreasonable and that there was a denial of natural justice. The Divisional Court highlighted the fact that the legislature entrusted the OLRB the obligation of defining the appropriate bargaining unit configuration based on its experience and expertise and its understanding of employer/employee dynamics. The Divisional Court held that it was not unreasonable for the Board to determine that a bargaining unit consisted of people who regularly worked at the Sheraton, and it was not unreasonable to exclude those who did not have a sufficient connection with a particular workplace. The Divisional Court also held that there was no violation of the principles of fairness. The OLRB gave ample opportunity for parties to make comprehensive submission on all issues.
In dismissing the Application for judicial review the Applicant was ordered to pay $10,000 costs to the Union.
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