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.