The appellant union applied to the Canada Labour Relations Board for certification as the bargaining agent for employees of the St. Regis Band Council.
The Board granted certification, but the Federal Court of Appeal set it aside on the basis that the Band Council lacked corporate status and was therefore not a 'person' or 'employer' under the Canada Labour Code.
The Supreme Court of Canada allowed the appeal, holding that the Band Council, as a statutory creature of the Indian Act with powers to enact by-laws and hire staff, is a designated body of persons that can be considered an employer within the meaning of the Code.
