The applicant union brought an application under sections 69 and 1(4) of the Labour Relations Act, 1995, alleging that Westinghouse Canada Inc. was a successor or related employer to Westinghouse Electric Corporation.
The responding parties brought a preliminary motion to dismiss the application on the basis that the collective agreement relied upon by the union was limited to the United States and had no extraterritorial application in Ontario.
The Board found that the collective agreement was silent on geographic scope and contained provisions specific to American law.
As there was no evidence of intent or past practice applying the agreement outside the U.S., the Board held the agreement did not apply in Ontario.
The application was dismissed as there were no bargaining rights to preserve.
