The applicant union sought a declaration under subsection 1(4) of the Labour Relations Act that two companies, Tilbury Concrete Transport Inc. and Tilbury Concrete Inc., constituted a single employer.
The union held bargaining rights for the transport company's drivers, but the concrete company recently began employing its own drivers, who were organized by a different union (CUOE).
The Board found that the two companies carried on related activities under common control and direction within a family enterprise.
Although a declaration would disturb the CUOE's existing bargaining rights, the Board exercised its discretion to issue the declaration because the CUOE failed to defend its rights and effectively abandoned them.
The declaration was made retroactive to the companies' incorporation, rendering the CUOE's subsequent certification untimely.