The applicant trade union brought an application under sections 1(4) and 63 of the Labour Relations Act, claiming Ermac Power & Control Ltd. was a successor or related employer to Twin Electric.
Twin Electric argued it was never bound by the collective agreement as it had never formally joined the employers' organization.
The Board found that Twin Electric had participated in the benefits of full membership for years, abided by the collective agreement, and behaved as a member.
The Board held that the first collective agreement entered into on Twin's behalf conferred voluntary recognition, and bargaining rights continued under successive agreements.
The matter was directed to be listed for continuation on the successor and related employer issues.
