The applicant union applied under sections 63 and 1(4) of the Labour Relations Act alleging a sale of a business or related employer status between Port Weller Dry Docks and Hamilton Marine.
The respondent and intervener raised a preliminary objection that the Board lacked constitutional jurisdiction because Hamilton Marine's business of performing running repairs on ships fell under federal jurisdiction.
The Board found that Hamilton Marine's operations were an essential component of navigation and shipping, and that its business extended beyond the limits of Ontario.
Consequently, the Board held that the labour relations of Hamilton Marine's employees were governed by the Canada Labour Code, not provincial legislation, and terminated the proceeding for lack of jurisdiction.
