The applicant union sought to add parent corporations and individual shareholders as respondents to ongoing section 1(4) and 89 proceedings against the employer.
The union alleged that these entities and individuals controlled the employer and sought to add them to ensure recovery of any claims.
The Ontario Labour Relations Board denied the request, holding that section 1(4) is intended to preserve bargaining rights, not to provide a 'deep pocket' for recovery where there has been no transfer of work or erosion of bargaining rights.
The Board also found no exceptional circumstances to affix personal liability under section 89.
