Pauline Anidjar

The applicant union sought certification for employees of the respondent, a non-profit social service organization for Metis and non-status Indians.

The respondent argued that its operations fell under federal jurisdiction pursuant to section 91(24) of the British North America Act because its members and beneficiaries were 'Indians' and its activities were of a federal character.

The Ontario Labour Relations Board held that the respondent's operations did not constitute a federal undertaking or business, as they lacked a sufficient connection to Indian lands, the administration of reserves, or the exercise of rights under the Indian Act.

The Board concluded that provincial labour relations legislation applied and granted the certificate.

The group of objectors requested the Board to reconsider its decision finding that statements of desire (petitions) opposing the union's certification were not voluntary.

The objectors argued the Board improperly relied on testimony from a witness who did not testify in the certification portion of the proceedings.

The Board determined it had jurisdiction to reconsider the matter itself without referring it to a new panel.

Upon reviewing the evidence afresh and explicitly excluding the impugned testimony, the Board concluded that the active involvement of management and the extensive petition-related activities of an employee during working hours created a perception of employer support.

The Board affirmed its original decision that the petitions were not voluntary.