John Peardon

The applicant union sought interim relief in a dispute over bargaining rights at A & P stores.

The Board had previously ordered the status quo maintained regarding local union representation.

The applicant alleged the employer breached this by cancelling leaves of absence for its supporters while maintaining them for the rival union's supporters, and by allowing the rival union to designate new representatives.

The Board granted interim relief, directing that customary union representatives continue to handle workplace issues and ordering the employer to reinstate the cancelled leaves of absence to ensure neutrality pending the final decision on bargaining rights.

The union applied under section 63 of the Labour Relations Act, alleging that Dutch Boy's acquisition of a lease and fixtures from a former Steinberg supermarket constituted a sale of a business.

Steinberg had closed its store and surrendered its lease, after which the property was sold to a developer.

Dutch Boy later leased the premises and acquired the fixtures.

The Board dismissed the application, finding that the transactions did not constitute a sale of Steinberg's business to Dutch Boy, but rather an expansion of Dutch Boy's existing business into the vacant premises.