François Mercier

A constitutional appeal concerning whether Quebec occupational health and safety provisions governing protective re-assignment of a pregnant worker applied to a federal telecommunications undertaking.

The Court held that the provincial scheme, though aimed at worker health and safety, in pith and substance regulated working conditions, labour relations, and the management and operation of undertakings.

As applied to federal undertakings, those matters fell within Parliament's exclusive jurisdiction, rendering the provincial provisions constitutionally inapplicable.

The Court rejected reliance on the double aspect theory and held it unnecessary to decide the operational conflict issue.

The appellant employer appealed a Federal Court of Appeal decision dismissing its challenge to a Canada Labour Relations Board order.

The Board had varied a 1963 certification order to update the description of the bargaining unit.

The appellant argued this was effectively a new certification application that improperly expanded the unit without determining majority support or appropriateness, and that it improperly included free lancers.

The Supreme Court of Canada dismissed the appeal, finding that the Board's order merely updated the description to reflect current classifications, did not enlarge the bargaining unit, and expressly excluded free lancers.

The applicants sought a rehearing of a motion to extend the time for hearing their appeal, which had previously been deemed abandoned.

The Supreme Court of Canada granted the motion, setting aside its previous order and directing that an application be made to fix a date for the reinscription and hearing of the appeal on the merits.