Dissenting opinion finding that a municipality's hiring of a contractor's former employees did not constitute a sale of business.
This is the dissenting opinion of Board Member Shamanski regarding a union application concerning the Town of Ajax's takeover of its transit system from Charterways Transportation Limited.
The dissenting member would have found that the Town's hiring of former Charterways employees was a humanitarian act rather than a transfer of an essential element of the business.
The member concluded that section 64.1(1) of the Labour Relations Act did not apply because the transaction occurred prior to January 1, 1993, and would have dismissed the union's application.
National Automobile, Aerospace and Agricultural Implement Workers Union of Canada (CAW-Canada) and its Local 222 v. Charterways Transportation Limited, 1995 CanLII 10046