B. Joyce

The applicant unions sought a declaration under section 1(4) of the Labour Relations Act that Ferro Structural Steel (Toronto) Limited (F.S.S.) and Ferro Erectors (Toronto) Limited (F.E.) constituted one employer, thereby binding F.S.S. to a province-wide collective agreement.

While the Board found the companies were under common control and direction, it declined to exercise its discretion to grant the declaration.

The Board held that the union knew or ought to have known for many years that F.S.S. was not bound by the agreement and was sub-contracting to non-union erectors, yet failed to act with sufficient dispatch to protect its bargaining rights.