Robert Humphreys

The applicant union filed a jurisdictional dispute complaint under section 99 of the Labour Relations Act, claiming that certain off-site fabrication work performed at the employer's shop should be assigned to its members rather than to members of the responding union.

The Board found that the work in dispute was not construction work and was not covered by the applicant's provincial agreement, but was covered by the responding union's shop fabricating agreement.

Applying the traditional six factors for jurisdictional disputes, the Board concluded that the work was properly assigned to members of the responding union and issued a declaration to that effect.

The union applied for certification to represent employees of a company engaged in ship maintenance and repair.

The company challenged the Ontario Labour Relations Board's constitutional jurisdiction, arguing its activities were integral to shipping and thus fell under federal jurisdiction pursuant to s. 91(10) of the Constitution Act, 1867.

The Board found that the overwhelming majority of the company's ship repairs were performed while ships were docked over the winter months, lacking the necessary operational integration with the core federal shipping undertakings.

The Board concluded the company's operations fell within provincial jurisdiction and granted the certification.