The union filed unfair labour practice complaints and a related employer application under section 1(4) of the Labour Relations Act after Metropolitan Life Insurance Company contracted out its cleaning services to Allen Maintenance Ltd. The union alleged that the contracting out was motivated by anti-union animus, that Metropolitan failed to disclose the decision during collective bargaining, and that Metropolitan and Allen were related employers or that Metropolitan remained the true employer.
The Board dismissed the applications, finding that the contracting out was a bona fide business decision, that no de facto decision had been made during bargaining that would trigger a duty to disclose, and that Allen was an independent contractor exercising fundamental control over its employees without common control or direction from Metropolitan.
