The Power Workers' Union applied under section 69 of the Labour Relations Act, alleging a sale of part of Ontario Hydro's business to Lincoln Hydro Electric Commission following a statutorily mandated transfer of retail distribution assets.
The Ontario Labour Relations Board found that a sale of part of a business had indeed occurred, as Lincoln Hydro acquired a coherent and functioning part of Ontario Hydro's operation.
However, because only one former Ontario Hydro employee accepted a job with Lincoln Hydro and was intermingled with its largely non-union workforce, the Board exercised its discretion under section 69(6) to terminate the union's bargaining rights effective the date of the transfer.
