The Ontario Nurses' Association (ONA) applied for a declaration under subsection 1(4) of the Labour Relations Act that West Lincoln Memorial Hospital and Deer Park Villa constitute a single employer.
ONA sought to have the Hospital's collective agreement apply to nurses at the Villa to avoid an 'ability to pay' argument in an upcoming interest arbitration.
The Ontario Labour Relations Board dismissed the application, finding that while the entities were under common control, there was no erosion of bargaining rights or other mischief that subsection 1(4) was designed to remedy.
The Board held that the provision should not be used merely to enhance bargaining rights or secure a tactical advantage in arbitration.
