J. H. F. Ade

The applicant union sought a declaration under section 1(4) of the Labour Relations Act that the municipal employer and its non-profit housing corporation were a single employer, effectively requesting the consolidation of two separate bargaining units.

The Board noted that section 1(4) was intended to protect established bargaining rights from being eroded by the creation of separate corporate entities, not to serve as a tool for consolidating existing bargaining units.

The Board found that the union was attempting to achieve through a section 1(4) application what it could not achieve at the bargaining table, and that granting the application would prejudice the employer.

The application was dismissed.