Law360 Canada ( February 3, 2017, 3:25 PM EST) -- Appeal by the employer Health Authorities from a decision allowing the respondent unions’ application for judicial review of a decision of the Labour Relations Board. The unions had alleged that the appellant had engaged in unfair labour practices due to the appellant’s communications campaign during labour negations involving press releases, letters, a website and posters. The unions alleged the appellant violated s. 11(a) of the Trade Union Act (Act) by interfering with and coercing employees in the exercise of their rights under the Act and s. 11(1)(b) by failing to bargain in good faith. The appellant believed that a 2008 amendment to s. 11(1)(a) of the Act had granted an expanded right for employers to communicate facts and opinions to their employees and it exercised that right in the 2008 round of bargaining. The Board held that the 2008 amendment effected what might be called a re-appreciation of the robustness of employees and of how vulnerable they were to intimidation and coercion. The Board dismissed all complaints except a complaint under s. 11(a) for misrepresenting retroactive pay issues. By way of a remedy, the Board enjoined the appellant from further violating the Act. The Board concluded that the appellant had a right to communicate both with health care workers and the public about the status of its bargaining proposals and found that, but for the misleading commentary concerning retroactive pay, the appellant’s communications had not offended the Act. The Chambers judge found several aspects of the Board’s approach to the alleged violations unreasonable and ordered the Board to reconsider its decision except for its finding of the s. 11(a) violation. The appellant argued that the judge erred in applying a more rigorous standard of review than reasonableness and by substituting his own conclusions for those of the Board....