Related employer application dismissed; no evidence of scheme to erode bargaining rights.
The applicant union sought a related employer declaration under section 1(4) of the Labour Relations Act against two companies, one performing general contracting and the other building specialized water storage tanks.
The respondents conceded they were under common control and direction but argued the Board should decline to exercise its discretion.
The Board found no evidence of an erosion of the union's bargaining rights or a scheme to transfer work from the unionized entity to the non-unionized entity.
The parallel operations existed for bona fide business reasons prior to the union acquiring bargaining rights.
The application and related grievances were dismissed.
International Association of Bridge, Structural and Ornamental Ironworkers, Local 721 v. Landmark Contracting Ltd., 1990 CanLII 5810