What is the test for determining whether an undertaking fall within federal jurisdiction?
Canada (Federal), Canada
The following excerpt is from General Teamsters, Local Union No. 362 v General Teamsters, Local Union No. 362, 2019 CIRB 895 (CanLII):
In order to determine whether the labour relations of an undertaking fall within federal jurisdiction, it is necessary to examine the essential nature of the operation. In doing so, the Courts have consistently held that one must examine the “normal or habitual activities of the business as those of ‘a going concern’, without regard for exceptional or casual factors” (see Northern Telecom v. Communications Workers of Canada, 1979 CanLII 3 (SCC), [1980] 1 S.C.R. 115, at page 139).
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