Norman R. A. White

The applicant union sought a declaration under section 1(4) of the Labour Relations Act that the respondents constituted one employer and were bound by certain collective agreements.

The Board found that the initial voluntary recognition agreement was valid and not the result of improper employer support.

Applying the criteria for a related employer declaration, the Board concluded that the entities were under common control and direction and engaged in related business activities in the electrical contracting industry.

The Board granted the section 1(4) declaration, binding the respondents to the Electricians Provincial Agreement and the high-rise residential appendix, but declined to bind them to the low-rise residential agreement as the union lacked bargaining rights for that work.

The applicant trade union applied for certification in the construction industry.

A group of employees filed a petition objecting to the certification.

The Board found that the objecting employees, who were unrepresented, failed to adduce first-hand evidence regarding the origination and circulation of the petition, and failed to account for its custody.

Consequently, the Board gave no weight to the petition.

As the union demonstrated membership support of more than 55 percent of the employees in the bargaining unit, the Board granted the application and issued the certificates.

The applicant trade union applied for certification to represent employees of the respondent, an employer engaged in the fabrication and erection of structural steel.

The respondent brought a motion to dismiss the application, arguing that because it operates in the construction industry, only a trade union pertaining to the construction industry under section 117(f) of the Labour Relations Act could apply.

The Board dismissed the motion, finding that while the respondent and its employees fall within the construction industry provisions, section 144(5) and the general provisions of the Act permit a non-construction trade union to apply for certification outside the province-wide bargaining scheme.