A decision on "common employer"

For a discussion of when the board will issue a common employer declaration see Lockerbie & Hole Eastern et al v. Boilermakers et al recently issued by the LRB.  Even when all the criteria are met, the Board may nevertheless decline to grant the declaration if it would not serve a labour relations purpose.  Here the Board dismissed the union's application because to grant it would have expanded the scope of the union's bargainign rights, rather than merely protecting the rights it had.