Barry Martin

The applicant union brought applications alleging that the City of Toronto and the Toronto Parking Authority were a single employer or that a sale of business had occurred, alongside a construction grievance regarding the contracting of a parking garage to a non-union contractor.

The responding parties brought preliminary motions arguing res judicata based on prior PSLRTA proceedings and that the Board should decline to exercise its discretion under section 1(4) of the Labour Relations Act.

The Board rejected the res judicata argument but dismissed the related employer application, finding no labour relations mischief to remedy as the entities had operated separately for years without the union seeking to formalize bargaining rights.

The applicant union sought interim relief under the Public Sector Labour Relations Transition Act, 1997, challenging the Toronto Parking Authority's recruitment of employees currently employed by the City of Toronto.

The Board found it had jurisdiction to consider the application, as the issues arose from the negotiation process contemplated by the Act.

Although the application did not strictly comply with the Board's Rules of Procedure, the Board granted relief against strict compliance.

The Board also found that the responding parties' conduct did not appear inconsistent with the Act, but left the final determination of interim relief for a reconvened consultation.