Related employer declaration denied where non-union company pre-existed unionized company and no bargaining rights were eroded.
The applicant union referred a construction industry grievance and applied for a related employer declaration under section 1(4) of the Labour Relations Act against three corporate respondents and an individual.
The parties agreed the corporate respondents met the statutory preconditions for a section 1(4) declaration, leaving the Board's discretion as the sole issue.
The Board found that a non-unionized company pre-existed a numbered company created with the union's knowledge to perform work on a specific unionized job site.
Finding no evidence that work destined for the unionized company was redirected to the non-union company to erode bargaining rights, the Board declined to exercise its discretion to issue the declaration and dismissed the applications.
United Brotherhood of Carpenters and Joiners of America, Local Union 93 v. Bernard Normand, B & M Millwork Ltd., and Interior Wood Installations Inc., B. J. Normand (Quebec) Ltee, 1991 CanLII 6042