David Borwick

The applicant filed an application for termination of bargaining rights.

The respondent union moved to dismiss the application as untimely because it was filed after a conciliation officer had been appointed.

The intervener employer argued the appointment of the conciliation officer was a nullity due to defective service.

The Board held that administrative defects in service do not invalidate the appointment of a conciliation officer and that the employer had waived any irregularity by participating in conciliation.

The application was dismissed as untimely.

The applicant union brought an application under section 63 of the Labour Relations Act, alleging that a sale of a business occurred from Dant Industries Limited to One-Vinyl Window Mfrs.

Ltd. through a receiver, Dunwoody Limited.

Dant, a vinyl window manufacturer, went into receivership and its assets were purchased by One-Vinyl, which continued to operate from the same premises, using much of the same equipment and many former Dant employees, to produce a redesigned vinyl window.

The Board found that the transaction constituted a sale of a business within the meaning of section 63, as One-Vinyl acquired a functional economic vehicle rather than merely incidental assets, and there was no substantial change in the character of the business.