The applicant union sought a declaration that there had been a sale of a business from Waltex to Shore, or alternatively, that the responding parties were under common direction and control.
The union argued that a 'key man' and core employees transferred from Waltex to Shore.
The Board found that the individual in question was a working foreman, not a key person whose departure would mean the demise of the business.
The Board also found insufficient evidence of common control or direction, as the two businesses were run independently by different brothers.
The applications were dismissed.