B. F. Mac Donald

The complainant union alleged that the respondent employer committed an unfair labour practice by closing its Windsor Branch Plant and servicing the area from Chatham, arguing the closure was designed to remove the union as bargaining agent.

The Ontario Labour Relations Board found that the employer's decision was motivated solely by bona fide business considerations, specifically the loss of a major customer account and the need to improve profitability, and was devoid of any anti-union animus.

The complaint was dismissed.

The applicant trade union applied under section 55 of the Labour Relations Act, alleging that following the sale of a business to the respondent, the respondent intermingled employees from its pre-existing business with those of the purchased business.

The respondent and an intervening union argued that no intermingling occurred and that the applicant had abandoned its bargaining rights when the original plant closed.

The Board found that the applicant had not abandoned its bargaining rights and that an intermingling of employees had occurred when the respondent transferred operations and integrated them with the purchased business.

Given the representation levels of the competing unions, the Board ordered a representation vote for the full-time employees to determine their bargaining agent, while excluding part-time employees who were previously unrepresented.