The applicant union referred a construction industry grievance and applied for a related employer declaration under section 1(4) of the Labour Relations Act against three corporate respondents and an individual.
The parties agreed the corporate respondents met the statutory preconditions for a section 1(4) declaration, leaving the Board's discretion as the sole issue.
The Board found that a non-unionized company pre-existed a numbered company created with the union's knowledge to perform work on a specific unionized job site.
Finding no evidence that work destined for the unionized company was redirected to the non-union company to erode bargaining rights, the Board declined to exercise its discretion to issue the declaration and dismissed the applications.
