The union filed an application for certification before the Ontario Labour Relations Board relating to employees at the appellant's chicken hatchery.
The appellant argued the employees were agricultural workers excluded from the Labour Relations Act under s. 2(b).
The union gave notice it would challenge s. 2(b) under the Charter.
The Supreme Court of Canada held that an administrative tribunal with the power to decide questions of law has the concomitant power to determine whether that law is constitutionally valid under s. 52(1) of the Constitution Act, 1982.
The Board therefore had jurisdiction to rule on the constitutionality of s. 2(b) of its enabling statute.
