The applicant union applied for certification of construction labourers employed by the responding party.
Following a representation vote in favour of the union, the responding party challenged the Board's constitutional jurisdiction, arguing the employees were engaged in work on a federal property (an interprovincial bridge) and thus fell under federal jurisdiction.
The Board applied the functional test for constitutional jurisdiction and determined that the responding party's primary business was construction, and its involvement with the bridge was temporary and not an integral part of the federal undertaking.
The Board concluded it had jurisdiction and ordered the issuance of certificates to the union.
