The applicant trade union sought a related employer declaration under section 1(4) of the Labour Relations Act against three construction companies.
The respondents raised a preliminary objection that section 1(4) violates the guarantee of freedom of association under section 2(d) of the Charter.
The Board dismissed the constitutional challenge, finding that section 1(4) protects rather than infringes freedom of association by preserving existing bargaining rights.
On the merits, the Board applied the Walters Lithographing criteria and found that the three companies carried on associated or related activities under common control or direction.
The Board declared the companies bound by the collective agreement and ordered remedies for unfair labour practices.
