G. S. White

The applicant union sought certification for a bargaining unit of the respondent's employees.

The respondent requested a stay of proceedings pending an application for judicial review, which the Board denied.

The parties disputed the status of four individuals who were employed as students during the summer but had requested to continue working part-time during the school year.

The Board held that employee status is determined as of the application date.

Since the four individuals were 'students employed during the school vacation period' on the application date, they were excluded from the bargaining unit.

The Board found that more than 55% of the employees in the bargaining unit were members of the applicant and issued a certificate.

The applicant trade union applied for certification for a bargaining unit of employees in the respondent's Distribution Services Division.

The respondent argued that the Board lacked constitutional jurisdiction because its transportation operations extended interprovincially, falling under federal jurisdiction pursuant to s. 92(10)(a) of the Constitution Act.

The Board found that the respondent was not a common carrier and its transportation operations were merely an in-house delivery arm integrated into its primary business of buying and selling goods.

Therefore, the operations fell under provincial jurisdiction.

The Board appointed a Board Officer to inquire into the duties and status of several challenged employees.