Alcan Aluminium Limited, not its unincorporated division, is the proper employer in a construction certification application.
Two trade unions applied for certification in the construction industry, naming Alcan Aluminium Limited as the responding employer.
Several divisions of Alcan intervened, arguing that the specific division, Chemicals, was the true employer and that Alcan Aluminium Limited should not be named.
The Board examined the corporate structure and control, finding that Alcan Aluminium Limited retained ultimate financial and labour relations control, particularly concerning the construction project in question.
The Board concluded that Alcan Aluminium Limited, not its unincorporated division, was the proper responding employer for labour relations purposes.
Millwright District Council of Ontario and its Local 1410 v. Alcan Aluminium Limited, 1997 CanLII 15484