Ontario Labour Relations Board
File No.: 3112-99-U Date: February 8, 2000
Deborah Anne Halfpenny, Applicant v. Canadian Auto Workers Local 4401, Responding Party.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD
1This is an application under section 74 of the Labour Relations Act, 1995, S.O. 1995 ch.1 (the “Act”). There are two issues which give the Board some concern about its jurisdiction to proceed with this application.
2First, the applicant lists her address as R.R. #1, West Arichat, Richmond County, Nova Scotia. However, both the responding party and the affected employer are identified with addresses in Ontario. Given the nature of the employer, it is conceivable, though perhaps not likely, that the porter position the applicant has sought is not in the Province of Ontario. The applicant is directed to provide the Board with particulars as to the location of the position in which she seeks employment, or at least the facts which indicate that the alleged breach of the Act has some nexus to the Province of Ontario.
3More fundamentally, the Board may lack the constitutional jurisdiction to deal with the applicant’s employment relationship. The complaint is entirely lacking in particulars. However, the applicant does identify the employer by whom she wishes to be employed as Upper Lakes Shipping Corporation (or perhaps Upper Lakes Group Inc.), attention Captain John Greenway. The position she apparently seeks is that of a porter. The address of the union responding party is in Thorold, Ontario, a town which is, among other things, a port on the Welland Canal. Pursuant to section 91, paragraph 10 of the Constitution Act, 1867, “Navigation and Shipping” are within the exclusive authority of the Parliament of Canada. If the applicant’s desired employment relationship falls within the realm of shipping and navigation (such as stevedoring), then it must be dealt with under the provisions of the Canada Labour Code, R.S.C. 1985 c. L-2 as amended. The applicant is directed to advise the Board of all facts which she says demonstrate that this Board has the constitutional jurisdiction to entertain this application.
4The applicant’s submissions are to be delivered to the Board and to the other parties on or before March 1, 2000. If these submissions are not delivered on or before that date, this application may be dismissed without further notice to the applicant.
“David A. McKee”
for the Board