The applicant union applied for certification to represent employees of the respondent construction company.
The respondent challenged the Board's jurisdiction, arguing its labour relations fell under federal jurisdiction because 90% of its work in Ontario was performed for Bell Canada, a federal undertaking.
The Board rejected this argument, finding that the respondent's ordinary business was construction, which falls under provincial jurisdiction, and its work was not an integral part of Bell Canada's operations.
The Board also determined that the work performed by the employees did not fall within the industrial, commercial and institutional sector.
Finding that the union had sufficient membership support, the Board ordered a representation vote.
