Single employer declaration granted, but certification dismissed as respondents were not the true employer.
The union applied for certification to represent stagehands and sought a declaration that the three corporate respondents constituted a single employer under section 1(4) of the Labour Relations Act.
The Board granted the single employer declaration, finding the respondents were engaged in associated or related businesses under common control.
However, applying the seven-factor true employer test, the Board found that the respondents were not the employer of the stagehands working on the application date, as direction, control, and the ultimate burden of remuneration rested with the third-party producer of the theatrical production.
Consequently, the certification application was dismissed.
International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, Local 58, Toronto v. Theatrecorp Ltd., 1992 CanLII 6762
