Leon Paroian

The applicant trade union sought certification for a unit of employees of the respondent, a company that prepares customers' materials for mailing via Canada Post.

The respondent argued that its labour relations fell under federal jurisdiction pursuant to s. 91(5) of the Constitution Act, 1867, as its operations were an integral part of the postal service.

The Board rejected this argument, finding that the respondent acted as a mail service broker and its operations were not an essential or integral part of Canada Post's core federal undertaking.

Having asserted provincial jurisdiction, the Board found the proposed bargaining unit appropriate and, based on the membership evidence, issued a certificate to the applicant.

The applicant trade union applied for certification.

A group of employees filed petitions in opposition to the union, which, if voluntary, would normally cause the Board to order a representation vote.

The Board found that the petitions were not voluntary because they were circulated in the presence of a lead person perceived as having managerial authority, and because the plant manager had created an atmosphere of concern for job security by mentioning possible plant closure and calling employees into his office.

The Board declined to order a representation vote and issued a certificate to the applicant.

One Board member dissented, arguing a vote should be ordered.

The appellant police constable appealed a decision regarding a charge under the Police Act.

Following submissions and upon the consent of both parties, the Ontario Civilian Police Commission allowed the appeal and ordered that the charge be remitted for a new hearing.