The applicant union sought declarations under sections 63 and 1(4) of the Labour Relations Act, alleging a sale of business and that the two corporate respondents were related employers.
The respondents conceded they carried on related activities under common control but argued the application should be dismissed due to the union's delay.
The Board found that the union had actual knowledge of the non-union company's operations and its employment of non-union plumbers for several years but failed to act promptly or put the employer on notice.
Due to this delay and the potential prejudice to unrepresented employees, the Board declined to exercise its discretion to make a single employer declaration and dismissed both applications.
