S. Lewis

The applicant trade union sought a declaration under section 55 of the Labour Relations Act that a sale of a business occurred when the respondent purchased a plant and equipment from a predecessor company.

The Board found that the predecessor had ceased operating the plant 18 months prior to the transaction and that the respondent, which had been operating a parallel business, purchased idle assets to improve its own existing business.

The Board concluded that there was no transfer of a part of the predecessor's business that supported the employment of the employees represented by the applicant, and therefore dismissed the application.

The complainant, a former union president who was promoted to a managerial foreman position, was terminated by the respondent.

He alleged his termination and the respondent's refusal to return him to the bargaining unit were motivated by anti-union animus, contrary to section 58(a) of the Labour Relations Act.

The respondent raised a preliminary objection that the Board lacked jurisdiction because the complainant was a managerial employee.

The Board held that while it lacked jurisdiction to review the termination from the managerial position, it had jurisdiction to hear the complaint regarding the refusal to return the complainant to the bargaining unit, as he was then a person seeking to become an employee.