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Applicant employer bears the legal burden of proving all conditions for a non-construction employer declaration.
The applicant employer sought a declaration under section 127.2(2) of the Labour Relations Act, 1995 that the responding trade unions no longer represented its employees, asserting it was a non-construction employer.
A preliminary issue arose regarding which party bore the legal and evidentiary burden of proving whether the applicant employed persons in the construction industry represented by the unions on the application date.
The Board held that the applicant bears the legal burden of establishing all necessary conditions for the declaration, including that it did not employ any such employees on the application date.
The Board also granted the applicant's motion to take a view of its operations.
Board accepts late response and orders production of documents relevant to non-construction employer status.
The applicant sought declarations terminating the bargaining rights of construction trade unions under section 127.2 of the Labour Relations Act, 1995.
Preliminary issues arose regarding the late filing of a response by Local 1410 and requests for production and particulars.
The Board exercised its discretion to accept the late response, noting the applicant's prior consent to an extension and the lack of prejudice.
The Board also ordered the applicant to produce lists of construction projects, contractors, and employees engaged in relevant trades, finding the information arguably relevant to whether the applicant is a non-construction employer.
