The applicant union sought a declaration that the responding non-union drywall contractors, Elite Construction and Andan Drywall Ltd., were bound to a collective agreement as related employers or successor employers to the unionized Lisi Brothers Construction Limited and Lisi General Construction.
The union argued that the familial relationships between the principals of the companies and the movement of family members constituted a sale of business or common control.
The Board dismissed the application, finding no common control or direction between the union and non-union companies, and concluding that the family members who moved to the non-union companies were not 'key persons' whose departure transferred the business.
