M. Pollock

The applicant unions sought declarations that the responding parties, Malvern Drywall Systems Ltd. and Lakeridge Acoustics, were related employers under section 1(4) of the Labour Relations Act, and referred grievances for arbitration.

The responding parties failed to attend the hearing despite receiving notice.

The Board found that the two businesses carried on related activities under the common control and direction of the same principal.

The Board granted the section 1(4) declaration, binding Lakeridge to the collective agreements of Malvern, and ordered the responding parties to pay outstanding remittances and previous settlement amounts to the unions.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 124 of the Labour Relations Act concerning the suspension of a shop employee.

The respondent employer objected to the Board's jurisdiction, arguing it was not an employer in the construction industry and the grievance did not relate to construction work.

The Board found that the respondent was an employer in the construction industry because it installed railings in houses under construction.

Following previous Board jurisprudence, the Board held that section 124 is available to any union and employer meeting the statutory definitions in section 117, regardless of whether the specific work underlying the grievance is construction work.

The Board assumed jurisdiction and directed the matter to be listed for continuation.