The applicant union brought applications under sections 1(4) and 63 of the Labour Relations Act, alleging that a newly formed construction company, Chartex, was either a successor to or under common control with Metro Century and Leaseholds.
Metro Century had ceased active operations due to financial difficulties, and a former employee incorporated Chartex.
The Board found that Chartex only acquired minor assets from Metro Century and was a new, independent business rather than a continuation of the predecessor's business.
The Board also concluded that Chartex was not sufficiently functionally integrated with Leaseholds to justify a related employer declaration.
Both applications were dismissed.
