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LABOUR RELATIONS BOARDS - Appeals and judicial review

Friday, February 24, 2017 @ 8:53 AM  

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Application by Hannam, WHD Acoustics, and two numbered companies, for judicial review of a decision by the Labour Relations Board in favour of the International Union of Painters and Allied Trades, Local 1891. In 2012, the Union applied for certification as bargaining agent for WHD employees. The application was granted without WHD's participation. WHD sought reconsideration on the basis it was a one-man operation that had never worked at the jobsite listed. The request was denied as out of time. In 2015, the Union sought adjudication of a grievance filed against WHD alleging use of non-unionized workers contrary to the collective agreement. WHD did not defend the grievance. The Board found that the applicants were associated and related businesses that constituted a single employer. The Board refused to reconsider its earlier certification decision. The applicants were accordingly bound by a collective agreement with the Union and were jointly and severally liable for the damages awarded to the Union for its successful grievance. The applicants sought judicial review.

HELD: Application dismissed. The applicants' submissions largely constituted an improper collateral attack on the Board's 2012 certification and reconsideration decisions. The applicants were granted ample opportunity to address all relevant issues before the Board with respect to the initial certification decision. WHD did not participate in the hearing and offered no affidavit evidence in 2012 or 2015 in support of its position. The procedures adopted by the Board were, in all of the circumstances, fair. There was no basis for finding any of the Board's conclusions unreasonable. No error in the Board's assessment of damages was established.

Hannam v. International Union of Painters and Allied Trades, Local Union 1891, [2017] O.J. No. 103, Ontario Superior Court of Justice - Divisional Court, G.B. Morawetz R.S.J., S.N. Lederman and E.M. Stewart JJ., January 11, 2017. Digest No. 3639-010