The applicant union sought relief under section 63 and subsection 1(4) of the Labour Relations Act, alleging that a masonry subcontractor sold its business to a related real estate development company or that the two entities constituted a single employer.
The Board dismissed the applications, finding no sale of a business as there was no continuation of the predecessor's business, and finding that the entities were not under common control or direction despite a familial relationship between their principals.
The Board also dismissed a motion to find the principal of the predecessor company in contempt, as he had purged his initial contempt by subsequently answering all relevant questions.
