T Pinto

The applicant union sought a declaration under section 1(4) of the Labour Relations Act that Frank Plastina Investments Ltd. (FPI) and Sherwood Village Homes Inc. (Sherwood) were related employers.

FPI was a concrete and drain contractor bound by a collective agreement with the union, while Sherwood was a residential builder.

Both companies were under the common control and direction of the Plastina family, shared premises, and had a symbiotic business relationship.

The Board found that the entities were engaged in associated or related activities or businesses and declared them to be one employer for the purposes of the Act.

The applicant union applied for certification under the construction industry provisions of the Labour Relations Act.

The Board considered the report of a Labour Relations Officer regarding the status of six employees.

The Board found that three employees who performed warranty inspections and repairs were service employees, not construction labourers, and were excluded from the bargaining unit.

Of the three employees challenged as managerial, the Board found one was excluded under section 1(3)(b) of the Act as he retained superintendent responsibilities, while the other two were working foremen and included in the unit.