The employer announced a corporate reorganization involving the closure of several facilities and the opening of a new facility in Mississauga.
Before any employees were hired at the new facility, the employer and the union representing employees at one of the closing facilities negotiated a replacement collective agreement that expanded the union's recognition to include the new Mississauga facility.
The applicants, who represented employees at other closing facilities, challenged this voluntary recognition under sections 66 and 96 of the Labour Relations Act, 1995.
The responding parties brought motions to dismiss for lack of status and failure to disclose a prima facie case.
The Board dismissed the section 66 applications, finding the applicants lacked status as they did not represent employees in the new bargaining unit.
However, the Board refused to dismiss the section 96 unfair labour practice complaints against the employer on a prima facie basis, finding that the expansion of the scope clause without evidence of the employer's reasons raised complex labour relations issues requiring a full hearing.
The section 96 complaints against the union were dismissed for failing to disclose a prima facie case of impropriety.