Frank Carere

The applicant union sought a declaration that the three respondent companies constituted one employer under section 1(4) of the Labour Relations Act, and alleged a sale of business under section 63, as well as unfair labour practices.

The Board found that the respondents carried on associated or related activities under common control and direction, and declared them to be one employer bound by the provincial collective agreement.

The Board dismissed the sale of business application.

The Board also found that the respondents breached the collective agreement by failing to apply it to several construction projects, and violated sections 64, 66, and 67 of the Act by transferring work to a non-union entity to avoid the union and by bargaining directly with employees.

The employer applied for a declaration and direction under section 92 of the Labour Relations Act, alleging that union members engaged in an unlawful strike through a concerted refusal to work overtime.

The parties reached a written agreement to resolve the matter.

The Board issued a consent order declaring the overtime ban an unlawful strike, directing the union and its officers to cease and desist from encouraging the ban, and requiring the posting of a notice to employees.

The Board also provided commentary emphasizing that concerted refusals to work overtime, even when overtime is voluntary under a collective agreement, constitute unlawful strikes.

The applicant employee association applied for certification to represent employees of the respondent.

The Board found that the applicant established its status as a trade union within the meaning of the Labour Relations Act, as employees had adopted a constitution and confirmed their membership at a founding meeting.

However, the application for certification was dismissed because the applicant failed to demonstrate sufficient valid membership support by the terminal date.

Most membership cards were signed before the union came into existence, and the confirmatory documents were signed and filed after the terminal date.

The Board declined to extend the terminal date to cure the defective membership evidence.