Employer not bound to provincial agreement where union's bargaining rights predated accreditation and employer was not named.
The applicant union sought a declaration that there had been a sale of a business or that the respondents were one employer under the Labour Relations Act.
As a preliminary issue, the Board considered whether the union held bargaining rights for ironworkers employed by the respondent Hayman, which would bind Hayman to the current provincial agreement.
The Board found that the union's bargaining rights, if any, existed prior to the application for accreditation by the employers' association.
Since Hayman was not named in the certificate of accreditation and the union did not acquire bargaining rights subsequent to the application date, Hayman was not bound to the provincial agreement by virtue of the certificate.
The International Association of Bridge, Structural and Ornamental Ironworkers, Local 700 v. John Hayman & Sons Company, Limited, 1986 CanLII 1579