The applicant union filed an application under section 1(4) of the Labour Relations Act seeking a related employer declaration concerning Ethyl Canada, Inc. and its mechanical subcontractor, F.I.R.M. The respondents sought a preliminary ruling to dismiss the application without hearing further evidence, arguing that the application could not succeed due to F.I.R.M.'s pre-existing bargaining rights and the applicant's delay.
The Ontario Labour Relations Board declined to dismiss the application at the preliminary stage, finding that the issues of delay and pre-existing bargaining rights go to the heart of the section 1(4) application and should be determined after the union has had an opportunity to present its full case.
