R. P. Armstrong

The applicant trade unions sought to add Conrad Black and Hollinger Inc. as respondents to related employer and unfair labour practice applications involving Willett Foods Limited and various franchisees.

A previous panel of the Board had already dismissed a similar request by one of the unions to add Black and a predecessor corporation.

The Board applied principles analogous to res judicata and issue estoppel, finding that the new allegations did not materially alter the basis of the claims.

The Board reaffirmed that section 1(4) of the Labour Relations Act is not intended merely to provide access to 'deep pockets' absent allegations of a transfer of work or other attempts to frustrate collective bargaining.

The request to add the respondents was denied, and the complaints against them were dismissed.

In a complex proceeding involving nearly two hundred parties, the Ontario Labour Relations Board issued procedural directions regarding the service of documents and the addition of respondents.

The Board ruled that service on a party's agent or counsel would be sufficient, and established a procedure for amending applications to add respondents by analogy to the Board's Rules of Procedure, requiring the applicant to provide amended filings and notice to all parties.