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Related employer declaration denied where competing union had already validly acquired bargaining rights.
The applicant union sought a declaration under section 1(4) of the Labour Relations Act that two related construction companies constituted one employer and were bound by its collective agreement.
The respondent companies were under common control, but one operated as a unionized company while the other operated non-union.
When the unionized company was denied a subcontract because it lacked affiliation with the Carpenters union, the non-union company signed a voluntary recognition agreement with the Carpenters to secure the work.
The Board found that the Carpenters' bargaining rights were validly acquired based on pre-existing contractual obligations and declined to exercise its discretion to revoke those rights, dismissing the application.
