Law360 Canada ( February 13, 2025, 8:57 AM EST) -- Appeal by Association of Allied Health Professionals (AAHP) of a judicial review of a Labour Relations Board (Board) decision about whether Disability Care Managers (DCMs) at Eastern Regional Integrated Health Authority (ERIHA) were “employees” for the purpose of Public Service Collective Bargaining Act (Act). ERIHA restructured and created a new position, DCM, which was classified as a non-bargaining unit position. Four Occupational Therapist II positions were eliminated when DCM positions were created. The Board found that the core duties of the DCM positions were the same as those of the eliminated Occupational Therapist II positions, a bargaining unit position. AAHP applied under the Act to the Board to have the DCM positions included in AAHP’s bargaining unit. The Board found that the DCM position met the definition of “employee” in the Act and thus belonged in a bargaining unit, although not necessarily that of the AAHP. ERIHA applied for judicial review of the Board Decision (Decision). The reviewing judge quashed the Decision. He found that the Board erred in determining that DCMs did not exercise management or supervisory functions. AHHP submitted that the judge erred by incorrectly applying the reasonableness standard of review and that the Decision was reasonable and should be upheld. ERIHA argued otherwise....