Brock Canada West Ltd. v Brock Canada Industrial Ltd., 2020 BCLRB 137

The BC Insulators’ union (Local 118) made an application to have two employers treated as one, such that bargaining rights held by the Insulators should be applied to a related company. The Insulators argued that even though the related company was already unionized (under an “all employee” unit), it should obtain the right to represent prospective insulators working at the related company, since no insulators had worked for the related company under the “all employee” unit. The BC Labour Relations Board disagreed, finding that the existing union for the related employer had the right to represent prospective employees. Therefore, the Insulators could not use a common employer application (two employers treated as one for bargaining rights) to represent insulators at the related employer, because this would encroach on the “all employee” rights held by the incumbent union with the related employer. This reconsideration decision confirmed the decision reached.