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.