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Judicial review dismissed; railway maintenance contractor's employees remain under provincial labour relations jurisdiction.
The applicant sought judicial review of an Ontario Labour Relations Board decision finding that its employees were provincially regulated for labour relations purposes.
The applicant, a track welding company performing work primarily for interprovincial railways, argued its operations fell under derivative federal jurisdiction.
The Divisional Court dismissed the application, holding that the Board correctly applied the derivative jurisdiction test.
The court found the applicant's work involved maintenance of railway infrastructure rather than the operation of the railways themselves, and thus did not meet the exceptional threshold for federal jurisdiction.
Tribunal issued a procedural scheduling order on consent in a pay equity maintenance dispute.
The applicant union brought an application under the Pay Equity Act alleging that the respondent hospital improperly created new job classes for Registered Practical Nurses under the guise of a maintenance exercise.
The parties attended a pre-hearing conference and agreed to a procedural schedule for documentary disclosure, agreed statements of fact, and the exchange of witness statements.
The Tribunal issued an order reflecting the agreed schedule and set dates for a further pre-hearing conference and the hearing on the merits.
