Lister Tenant

The Board considered the order of proceedings for multiple applications involving the Carpenters' Union and Scarborough Town Centre Holdings Inc. The employer sought to have its non-construction employer application heard before the union's single employer/successor employer application.

The Board determined it lacked jurisdiction to entertain the non-construction employer application until bargaining rights were established, and ordered that the single employer/successor employer application be heard first.

The applicant union brought applications alleging that the City of Toronto and the Toronto Parking Authority were a single employer or that a sale of business had occurred, alongside a construction grievance regarding the contracting of a parking garage to a non-union contractor.

The responding parties brought preliminary motions arguing res judicata based on prior PSLRTA proceedings and that the Board should decline to exercise its discretion under section 1(4) of the Labour Relations Act.

The Board rejected the res judicata argument but dismissed the related employer application, finding no labour relations mischief to remedy as the entities had operated separately for years without the union seeking to formalize bargaining rights.

The applicant union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

At the commencement of the hearing, another union brought a motion requesting intervenor status.

The Board denied the motion, finding that the intervention was filed late without reasonable expediency and did not disclose a sufficient legal interest to warrant intervenor status.