The applicant union alleged that the responding employers' association breached a subcontracting clause in their collective agreement.
The clause required the association to subcontract bricklaying only to companies in contractual relations with the applicant or another specific union, provided the two unions formed a 'common Union' by a specified deadline.
The unions formed a certified council of trade unions to meet this requirement.
The Board held that a certified council of trade unions did not constitute a 'common Union' within the meaning of the agreement, as the two unions maintained separate legal and practical existences.
Consequently, the subcontracting clause expired.
