The applicant union applied for certification and filed an unfair labour practice complaint against the respondent employer, which installs and maintains cellular phone antennae and support structures.
The respondent raised a preliminary constitutional objection, arguing its operations were integral to federal telecommunications undertakings (Bell Cellular and Cantel) and thus subject to federal labour relations jurisdiction.
The Ontario Labour Relations Board applied the test from Northern Telecom and found that the respondent's day-to-day operations were extensively integrated with and vital to the functioning of the federal cellular networks.
Consequently, the Board concluded that the respondent's labour relations fell within federal jurisdiction and dismissed the applications for lack of jurisdiction.
