James K A. Hayes

During proceedings for a first contract arbitration and a termination of bargaining rights, the responding employer and objecting employees raised a constitutional objection, arguing that the employer's taxi dispatch service fell under federal jurisdiction due to its cross-border travel into Detroit.

The Ontario Labour Relations Board reviewed the constitutional facts, noting that cross-border trips represented less than 0.5% of the employer's total volume and were unscheduled and on-demand.

Applying the test of whether the extra-provincial work was 'regular and continuous', the Board concluded that the extra-provincial travel was occasional and casual.

Therefore, the employer's labour relations fall within provincial jurisdiction, and the Board has jurisdiction to hear the applications.

The objecting employees and the employer challenged the validity of a ratification vote conducted by the union.

The ballot presented a choice between accepting the employer's offer or rejecting it and authorizing a strike.

The applicants argued that this compound ballot violated the Labour Relations Act, 1995 by failing to provide a clear 'yes' or 'no' choice on ratification alone.

The Ontario Labour Relations Board dismissed the challenge, holding that the Act does not mandate a simple 'yes' or 'no' ballot and that the combined ratification/strike ballot is a realistic collective bargaining choice that does not prevent employees from expressing their true wishes.