D. Wozniak

The union alleged that the respondents were successor employers to Royal Dressed Meats Inc. after purchasing its plant and equipment from a trustee in bankruptcy.

The union also alleged unfair labour practices for failing to recognize the union and apply the collective agreement.

The Ontario Labour Relations Board found that while there was a sale of assets, there was no sale of a 'business' or 'part of a business' within the meaning of section 63 of the Labour Relations Act.

The respondents had merely acquired assets to expand an already established, parallel business, and there was no transfer of goodwill, customer lists, or the predecessor's economic organization.

Both the successorship application and the unfair labour practice complaint were dismissed.

The complainant filed a jurisdictional dispute regarding the installation of site services at a plant building project.

The Board was asked to make a preliminary determination under section 150 of the Labour Relations Act as to whether the work fell within the industrial, commercial and institutional sector.

The complainant argued that the Board should consider area practice in making this determination.

The Board held that the concepts of area practice and geographic area have no basis in the statutory definition of 'sector' in section 117(e), which is determined by work characteristics.

The Board directed that the matter be listed for continuation of hearing to entertain evidence of work characteristics.