The applicant union applied for a declaration under section 62 of the Labour Relations Act that it was the successor to the Melnor Manufacturing Ltd. (Brantford) Shop Union following a merger.
The respondent employer argued that the predecessor union's constitution did not permit a merger without unanimous consent, relying on the common law principles in Astgen v. Smith.
The Board rejected this argument, finding that the predecessor union had validly amended its constitution to permit the merger by a majority vote, and that the statutory framework of the Labour Relations Act supersedes the common law requirements for unanimous consent.
The Board granted the declaration of successor rights.
