The applicant sought judicial review of an Ontario Labour Relations Board decision granting union certification for employees working on a federal nuclear waste remediation project.
The applicant argued that its labour relations were subject to federal jurisdiction because the project involved nuclear substances.
The Divisional Court dismissed the application, finding that the applicant was a large construction company performing a temporary contract and was not a federal undertaking itself, nor was it sufficiently integrated into the federal undertaking to trigger derivative federal jurisdiction.
A dissenting judge would have found derivative federal jurisdiction based on the federal regulatory regime governing nuclear substances.
