G. Steers

The applicant union brought a preliminary motion regarding the filings made by the respondent in a series of certification applications.

The applicant argued that an agreement on the parties' respective positions had been reached before the Labour Relations Officer.

The Ontario Labour Relations Board dismissed the motion, finding that no such agreement was reached and that the Board had subsequently appointed an Officer to inquire into the list and composition of the bargaining unit.

The Board directed that the applications proceed based on the positions taken at the commencement of the Officer's inquiry.

The applicant referred a grievance to the Ontario Labour Relations Board under section 112a of the Labour Relations Act.

The grievance spanned two provincial agreements, and the respondent union argued that the portion relating to the expired collective agreement was inarbitrable.

The Board, adopting previous jurisprudence, held that rights accruing during the life of a collective agreement are vested and not automatically extinguished by its expiry.

The Board found it had jurisdiction to deal with the grievance under both the current and expired agreements and ordered the matter to be re-listed for hearing.

The applicant unions sought a declaration under section 1(4) of the Labour Relations Act that the respondent construction companies constituted a single employer.

The Board found that while there was no common ownership or corporate interrelationship between the unionized general contractor and the non-unionized subcontractor, there was a high degree of functional interdependence and economic reliance.

The subcontractor performed 85% of its work for the general contractor, relied on it for working capital, equipment, and administrative support, and had no independent public identity.

The Board concluded the entities were under common control and direction, and exercised its discretion to declare them one employer to prevent the erosion of bargaining rights.