Donald J. McKillop, Q.C.

The union applied for certification of employees in the respondent's diagnostic services division.

A dispute arose over whether two employees who performed blood tests and electrocardiograms at a nursing home were 'hospital employees' under the Hospital Labour Disputes Arbitration Act.

The Board held that because the employer was not a hospital and the functions performed were not statutorily required of a nursing home, the employees were not 'hospital employees' within the meaning of the Act.

The union applied for certification of employees working in the respondent's radio paging, mobile communication, and telephone answering services.

The respondent objected on the basis that its business fell under federal jurisdiction as a radio communication undertaking.

The Ontario Labour Relations Board reviewed constitutional jurisprudence, including the Radio Reference case, and concluded that radio communication by Hertzian waves falls under exclusive federal jurisdiction, even where the signals are emitted and received entirely within a single province.

Finding that the telephone answering service was not severable from the radio communication services, the Board dismissed the application for lack of jurisdiction.