The applicant union sought a declaration under section 1(4) of the Labour Relations Act that A & P and A & P Drug Mart Limited are one employer.
The union represented employees in A & P's retail stores, but the company operated its pharmacies through a separate corporate entity, paying pharmacy assistants lower wages.
The respondents argued the union delayed in bringing the application.
The Board found the two entities were engaged in related activities under common control and direction.
The Board also held the union exercised due diligence, as it filed grievances immediately upon learning of the wage discrepancy and only later discovered the separate corporate identity.
The Board declared the entities to be one employer.
