Successor employer application dismissed; purchase of bankrupt meat packing plant's assets did not constitute sale of business.
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.
United Food & Commercial Workers International Union, Local 617P v. Crown Packers & Realties Ltd., 1988 CanLII 3775
