Ryan J. Freeman

The applicant sought judicial review of an Ontario Labour Relations Board decision finding that its employees were provincially regulated for labour relations purposes.

The applicant, a track welding company performing work primarily for interprovincial railways, argued its operations fell under derivative federal jurisdiction.

The Divisional Court dismissed the application, holding that the Board correctly applied the derivative jurisdiction test.

The court found the applicant's work involved maintenance of railway infrastructure rather than the operation of the railways themselves, and thus did not meet the exceptional threshold for federal jurisdiction.

The applicant employer sought judicial review of an Ontario Labour Relations Board decision certifying a union to represent employees within only one division of the company.

The employer argued the Board unreasonably departed from practice by certifying a unit within a division that is not a legal entity, and ignored serious labour relations harm.

The Divisional Court dismissed the application, finding the Board reasonably applied the principle that a union's proposed unit will be granted unless it causes serious labour relations problems, and reasonably concluded the employer failed to demonstrate such harm.