The appellant municipality contracted out garbage collection to subcontractors.
The union filed motions under s. 45 of the Labour Code to have the certification and collective agreement transferred to the subcontractors.
The labour commissioner and Labour Court granted the motions, finding a partial transfer of the operation of the undertaking.
The Superior Court quashed the decision, but the Court of Appeal restored it.
The Supreme Court of Canada dismissed the appeal, holding that the Labour Court's decision was not patently unreasonable and that s. 45 could apply to subcontracting where the transferee receives a right to operate part of the transferor's undertaking with sufficient autonomy.
