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Related employer application dismissed as competitive bidding process did not constitute labour relations mischief.
The applicant union sought a related employer declaration under section 1(4) of the Labour Relations Act, 1995, arguing that the responding party service providers and the community care access centre constituted a single employer.
The responding parties brought a preliminary motion to dismiss the application, arguing that even if the prerequisites of section 1(4) were met, the Board should not exercise its discretion to grant the declaration.
The Board agreed, finding that the loss of work by the unionized service provider was due to a government-mandated competitive bidding process, not a scheme to defeat bargaining rights.
The Board concluded there was no labour relations mischief to remedy and dismissed the application without a hearing on the merits.
Employer's motion to dismiss unfair labour practice complaint for lack of prima facie case denied.
The applicant union filed an unfair labour practice complaint alleging the employer violated the Labour Relations Act by cancelling its nursing services contracts shortly after a first collective agreement was imposed by interest arbitration.
The employer brought a preliminary motion to dismiss the application for failing to disclose a prima facie case, arguing the employees were casual and suffered no change in status.
The Board dismissed the employer's motion, finding the union pled sufficient facts to put the employer to its defence regarding its motivation for cancelling the contracts.
The Board also denied the union's request for production of a subsequent bid document.
