Moira M. Trask

The complainants alleged racial discrimination and reprisal in their employment and subsequent termination.

The respondent raised a preliminary objection that a prior arbitration award dismissing their grievances rendered the matter res judicata.

The Board of Inquiry rejected the res judicata argument, finding that the parties and subject matter under the Human Rights Code differ from those in a labour arbitration.

On the merits, the Board found insufficient evidence to support the allegations of racial discrimination or reprisal, concluding that the conflicts arose from interpersonal issues and insubordination rather than race.

The complaints were dismissed.

The applicant union applied for certification for employees of the respondent, a company operating a hydrofoil passenger service between Toronto and Niagara-on-the-Lake.

Because the hydrofoil's route passed through United States territorial waters on Lake Ontario, the Board had to determine if it had constitutional jurisdiction over the labour relations of the undertaking.

Applying the Supreme Court of Canada's reasoning in Agence Maritime, the Board found that the undertaking was carried on entirely within the boundaries of a single province, as the route chosen through open lake waters did not oust provincial jurisdiction.

The Board concluded it had jurisdiction and ordered the proceedings to continue.