The applicants sought a related employer declaration under section 1(4) of the Labour Relations Act and alleged unfair labour practices under section 91 against the responding parties and the intervenor, Local 183.
The Board found that the owner of Bayritz Construction Ltd. incorporated Yellow Brick Masonry for the sole purpose of entering into a voluntary recognition agreement with Local 183, thereby violating sections 65 and 68 of the Act.
The Board dismissed the unfair labour practice complaints against Local 183 and Sundial Bricklayers Inc. The Board granted a related employer declaration combining Bayritz Construction Ltd., Bayritz Masonry Ltd., and Yellow Brick Masonry, but declined to include Dakota Masonry Ltd. and Sundial Bricklayers Inc. to avoid creating jurisdictional disputes with established bargaining rights.