Donald W. Wilson

The applicant trade union sought a declaration that the Regional Municipality of Ottawa-Carleton and the Pinecrest-Queensway Health and Community Services constituted a single employer under section 1(4) of the Labour Relations Act, or alternatively, that there had been a sale of a business under section 64.

The union argued that the Region's funding, provision of personnel, and historical support demonstrated common control or a transfer of social service delivery.

The Board dismissed the application, finding that the P-Q Centre operated autonomously under its own Board of Directors and that the Region acted merely as a supportive funder and participating agency, without exercising control or transferring its statutory responsibilities.

The applicant referred a grievance to arbitration.

The respondent sought a determination under section 150 of the Labour Relations Act as to whether the work was within the industrial, commercial and institutional sector of the construction industry.

The respondent argued that the intervener union and others should be given notice and entitled to participate.

The applicant opposed their participation.

The Board applied the criteria for standing and found that the intervener union represented the employees who performed the work in the first phase of the project and may represent employees in future phases.

The Board ruled that the intervener union had status to intervene in the proceedings.