T. Theobald

The applicants applied for certification regarding employees of the respondent working on the rehabilitation of the Welland Canal.

The respondent argued that the work was an integral part of a federal undertaking, placing labour relations under federal jurisdiction.

The Ontario Labour Relations Board applied the Supreme Court of Canada's decision in Construction Montcalm Inc., holding that construction work, even on a federal undertaking, falls within provincial jurisdiction over labour relations.

The Board concluded it had jurisdiction to entertain the applications.

The applicant union brought an application under section 63 and/or section 1(4) of the Labour Relations Act, alleging that a lease with an option to purchase a closed brick and tile manufacturing facility constituted a sale of a business from the former owners to the new operators.

The Board found that no business was sold, as the facility had been closed for years, required significant modifications, and no goodwill or customer lists were transferred.

The section 63 application was dismissed, and consequently, a related termination application was also dismissed.