The applicant City applied for declarations that the responding trade unions no longer represent its construction industry employees, asserting it is a non-construction employer under the Labour Relations Act, 1995.
The responding unions raised a constitutional challenge to sections 127.1 and 127.2 of the Act under the Charter.
The applicant sought to have the constitutional challenge determined on a preliminary basis, either by a motion to strike or following evidence on the constitutional issue alone.
The Board declined to hear the constitutional challenge as a preliminary matter, finding it premature as the Charter question would be moot if the applicant failed to establish it was a non-construction employer.
The Board directed that the constitutional issue be heard at the end of the proceedings.
