The applicant trade union applied for certification for a bargaining unit of employees in the respondent's Distribution Services Division.
The respondent argued that the Board lacked constitutional jurisdiction because its transportation operations extended interprovincially, falling under federal jurisdiction pursuant to s. 92(10)(a) of the Constitution Act.
The Board found that the respondent was not a common carrier and its transportation operations were merely an in-house delivery arm integrated into its primary business of buying and selling goods.
Therefore, the operations fell under provincial jurisdiction.
The Board appointed a Board Officer to inquire into the duties and status of several challenged employees.
