J. Anderson

The applicants applied for certification regarding employees of the respondent working on the rehabilitation of the Welland Canal.

The respondent argued that the work was an integral part of a federal undertaking, placing labour relations under federal jurisdiction.

The Ontario Labour Relations Board applied the Supreme Court of Canada's decision in Construction Montcalm Inc., holding that construction work, even on a federal undertaking, falls within provincial jurisdiction over labour relations.

The Board concluded it had jurisdiction to entertain the applications.

The applicant union applied for certification to represent a bargaining unit of service workers at the respondent hospital.

The hospital argued that the unit should be broader and include various technical, paramedical, and clerical classifications.

The Board reviewed the history and principles of bargaining unit determination in the hospital sector.

It concluded that Registered Nursing Assistants (RNA's) and Nursing Technicians should be included in the service unit due to established collective bargaining practice.

However, other technical personnel, lab assistants, and ward clerks were excluded, as they could appropriately be placed in paramedical or clerical units without affecting the viability of the service unit.

The Crown in right of Canada brought an action for possession of lands occupied by the appellant, claiming they were part of an Indian reserve.

The lands had been absolutely surrendered by the Indians to the Crown in 1895 to be sold, but were never disposed of.

The Supreme Court of Canada held that the absolute surrender extinguished the Indian interest and removed the burden of section 91(24) of the Constitution Act, 1867.

Consequently, the beneficial interest in the lands reverted fully to the Province, leaving the federal Crown with no enforceable interest or status to bring the action for possession.

The appeal was allowed and the action dismissed.