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Board asserts provincial jurisdiction over distribution warehouse but rejects union's proposed driver-only bargaining unit.
The union applied for certification of a bargaining unit consisting of drivers and driver helpers at the employer's Mississauga warehouse.
The employer argued that its operations fell under federal jurisdiction due to inter-provincial transportation and that the proposed unit was inappropriate because it excluded warehouse personnel.
The Board held that the employer's operations fell within provincial jurisdiction, as its trucking activities were integral to its provincial distribution business and it did not operate as a common carrier.
However, the Board found the proposed bargaining unit inappropriate due to concerns about fragmentation and the shared community of interest between drivers and warehouse employees.
The Board indicated it would order a representation vote in the broader unit if requested by the union.
