J. Wilson

During a jurisdictional dispute consultation, the Vice-Chair sought submissions on whether a Board Member should continue on the panel given his past employment as a senior official in Ontario Hydro's labour relations area.

One of the responding unions objected, arguing a reasonable apprehension of bias.

The Board dismissed the objection, finding that the Board Member had no actual involvement in the specific 1979 dispute being relied upon, and his general background and experience in construction labour relations at Ontario Hydro did not create a reasonable apprehension of bias.

The applicant union alleged that a 'sale of a business' occurred under section 55 of the Labour Relations Act when the respondent, Beef Terminal (1979) Limited, leased the premises and equipment of the predecessor, Beef Terminal.

The predecessor operated a comprehensive meat packing business, while the respondent operated a custom slaughterhouse using the same facilities and many of the same employees.

The Ontario Labour Relations Board found that the respondent acquired a coherent and severable part of the predecessor's business.

The Board concluded there was no substantial change in the character of the business to justify terminating bargaining rights under section 55(5).

The union's bargaining rights were preserved, but a related employer application under section 1(4) was dismissed.

One Board Member dissented, arguing the business character had substantially changed.