The applicant union referred a grievance to the Ontario Labour Relations Board regarding the respondent bank's failure to abide by a provincial collective agreement during the construction of a bank branch.
The respondent raised a preliminary objection, arguing that the construction of banks falls within exclusive federal jurisdiction over banking.
The Board applied a functional test and determined that the construction of a bank building is a pre-operational task and not an integral part of the core banking function.
Consequently, the Board dismissed the preliminary objection, found it had jurisdiction to hear the grievance, and directed the matter to be re-listed for hearing.
