The applicant union alleged that the respondent general contractor, Dalton, violated the subcontracting clause of the provincial collective agreement when the project owner, Rumble, contracted directly with a non-union demolition contractor.
The union also sought a related employer declaration under subsection 1(4) of the Labour Relations Act.
The Board found that Rumble, not Dalton, engaged the non-union contractor, and therefore Dalton did not violate the collective agreement.
The Board also declined to exercise its discretion to issue a related employer declaration, finding that doing so would extend rather than preserve the union's bargaining rights.
