Board declares two concrete forming companies related employers and orders payment of unpaid union contributions.
The applicant union referred a construction industry grievance and applied for a related employer or sale of business declaration against the respondents.
The Board found that the original company and the newly incorporated company were associated or related employers under common control and direction, as the owner created the new company to avoid liabilities while continuing the same concrete forming business.
The Board declared them one employer bound by the collective agreement.
The sale of business application was dismissed due to insufficient evidence.
The Board upheld the grievance, finding the respondents violated the collective agreement by employing non-union members and failing to remit required contributions, and ordered the payment of $12,690.35.
Labourers' International Union of North America, Local 1059 v. M. Concrete Forming, 1991 CanLII 6118
