Robin B. Cumine

The Minister referred a request to the Ontario Labour Relations Board under section 139 of the Labour Relations Act to amend an employer bargaining agency designation.

The applicant, previously an unincorporated association, incorporated to facilitate normal business transactions and sought to have the designation amended to reflect its new corporate status.

The Board found that the incorporated association had the full capacity to function as a designated employer bargaining agency and that the amendment would not adversely affect collective bargaining in the construction industry.

The Board advised the Minister to accede to the application.

The applicant trade union sought a declaration under section 55 of the Labour Relations Act that a sale of a business occurred when the respondent purchased a plant and equipment from a predecessor company.

The Board found that the predecessor had ceased operating the plant 18 months prior to the transaction and that the respondent, which had been operating a parallel business, purchased idle assets to improve its own existing business.

The Board concluded that there was no transfer of a part of the predecessor's business that supported the employment of the employees represented by the applicant, and therefore dismissed the application.

The applicant union referred a grievance to the Board and sought a declaration under section 1(4) of the Labour Relations Act that J.D.S. Investments Limited and Martin Ross Construction Ltd. constitute one employer.

The Board found that although the two companies had no common shareholders or officers, Martin Ross Construction's activities were in fact directed by J.D.S.'s construction manager, and the benefits accrued largely to J.D.S.'s owners.

The Board concluded the firms were engaged in related activities under common control or direction.

The Board exercised its discretion to make the declaration to prevent the erosion of bargaining rights, and held that the declaration had retrospective effect to the commencement of the related activities.