James Caron

The applicant union sought declarations under sections 63 and 1(4) of the Labour Relations Act that a sale of a business occurred between Arbis Construction Ltd. and Tony Azar Construction, and that they constituted one employer.

The respondents raised a preliminary objection that the reverse onus provisions in the Act violated section 11 of the Charter.

The Board dismissed the Charter challenge, finding the provisions were merely evidentiary.

On the merits, the Board found that Arbis, an insolvent general contractor, and Azar, a newly formed masonry business, were neither associated or related in their activities nor under common control or direction.

The applications were dismissed.

The applicant union was previously certified by the Board, but objecting employees were not given notice of the initial hearing.

The objecting employees argued this was a denial of natural justice and requested the proceedings be recommenced.

The Board held a second hearing to allow the objectors to make representations.

The Board found that the objectors' petition would not have affected the union's representative status even if given maximum weight.

As the objectors declined to call evidence or make substantive representations at the second hearing, the Board concluded any prejudice was cured and affirmed its decision to issue the certificates.