The applicant union sought a declaration under section 1(4) of the Labour Relations Act that the respondent, Joe Franze Concrete Ltd., and A.J. Concrete Ltd. constituted one employer.
The Board found that while the two companies were engaged in similar concrete work, A.J.C.'s business activity was negligible and posed no real threat to the union's bargaining rights.
Furthermore, granting the application would impose union representation on J.F.C.'s employees against their unexpressed wishes.
The Board declined to exercise its discretion to treat the companies as one employer and dismissed the application.
