The applicant union sought a declaration that there was a sale of a business between the respondents under section 63 of the Labour Relations Act, and a declaration under section 1(4) that they constitute one employer.
The respondents, a unionized general contractor and a non-unionized holding company, admitted to common control but denied carrying on related activities.
The Board found that while the entities carried on related activities under common control, there was no evidence of an actual erosion of the union's bargaining rights or a scheme to defeat them.
The application was dismissed, with the Board declining to exercise its discretion to issue a related employer declaration.
