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Board finds sale of business and related employer status but dismisses unfair labour practice and lock-out complaints.
The union brought applications alleging unfair labour practices, an unlawful lock-out, and seeking declarations of a sale of business and related employer status following the bankruptcy and subsequent sale of Vulcan Packaging Inc. to a purchasing group.
The Board found that a sale of business had occurred and that the entities constituted a single employer, meaning the collective agreement continued to bind the purchasers.
However, the Board dismissed the unfair labour practice complaints, finding no breach in the employer's failure to disclose financial difficulties during prior negotiations, the issuance of Records of Employment, or the signing of a side agreement requiring wage concessions.
The Board also declined to issue cease and desist relief regarding the alleged unlawful lock-out, concluding that it made labour relations sense to permit continued negotiations over concessions necessary for the plant's economic viability.
Board dismisses certification application upon union's withdrawal and declines to investigate alleged membership evidence irregularities.
The applicant trade union sought to withdraw its certification application after the Board identified irregularities in the membership evidence.
The responding party employer objected, arguing that a Vice-Chair sitting alone lacked jurisdiction to hear the matter and that the Board should investigate the alleged fraudulent membership evidence.
The Board held that the Vice-Chair had jurisdiction to sit alone pursuant to section 104(12) of the Labour Relations Act.
The Board further declined to litigate the membership evidence issues, noting that the union had withdrawn the application, and dismissed the certification application.
