The union brought an application for a declaration of a successor employer and an unfair labour practice complaint following the transfer of a nursing home licence from an insolvent operator, through a receiver-manager, to Caressant Care.
The Board found that the transfer of the licence constituted a sale of a business under section 63 of the Labour Relations Act.
The Board also determined that Caressant Care was the true employer during the interim management period.
However, the Board dismissed the unfair labour practice complaint, finding no improper motive in Caressant Care's offer of part-time employment to the former employees.
Due to the intermingling of employees from the unionized and non-unionized operations, the Board ordered a representation vote.
