Frank Grella

The applicant union sought a declaration under section 63 of the Labour Relations Act that a sale of a business occurred between the respondent hotel and a newly established brew pub operating within the hotel's premises.

The union argued the hotel contracted out its food and beverage operations.

The Board found that the relationship was a standard commercial landlord-tenant arrangement and that the brew pub was a separate and parallel business, not a continuation of the hotel's former operations.

The application was dismissed.

The union filed a complaint alleging that the employer violated the duty to bargain in good faith under section 14 of the Labour Relations Act by engaging in surface bargaining.

The union argued that the employer's refusal to offer wage increases or agree to union security, combined with pre-negotiation anti-union conduct, demonstrated an intention to avoid reaching a collective agreement.

The Ontario Labour Relations Board dismissed the complaint, finding that the employer engaged in hard bargaining rather than surface bargaining.

The Board noted that the employer provided financial justification for its wage position and that the union's ongoing boycott of the employer's restaurant contributed to the bargaining impasse.