The applicants sought a declaration that A & P was a successor employer to New Dominion Stores Inc. following a corporate reorganization, and that an intermingling of employees had occurred, justifying the termination of Local 206's bargaining rights or a representation vote.
The Board found that a sale of a business had occurred and A & P was bound by the collective agreement with Local 206.
However, the Board found no intermingling of employees and declined to order a representation vote.
To resolve the conflict between the provincial agreement and Local 206's agreement, the Board amended both agreements to confine Local 206's rights to the specific Chatham store.