The applicant union sought a single employer declaration under section 1(4) of the Labour Relations Act following the closure of a unionized warehouse and the transfer of its work to a newly consolidated, non-unionized warehouse operated by a related corporate entity.
The responding parties conceded they carried on related activities under common control but argued against the declaration on the basis of employee wishes and corporate reorganization.
The Board granted the declaration, finding that the corporate reorganization incidentally undermined established bargaining rights and that the employer could not rely on the situation it created to deny the declaration.
