Following the sale of a business and the intermingling of unionized and non-unionized employees, the Board ordered a representation vote.
The union won the vote.
The successor employer argued the vote should be set aside due to union propaganda and that, regardless of the vote, the predecessor's collective agreement should be declared no longer binding because it was unsuitable for the new operation and should not apply to non-unionized transferred employees.
The Board upheld the vote and held that under section 55 of the Labour Relations Act, the collective agreement continues in force and applies to all employees falling within the scope of the bargaining unit, including those transferred from the successor's other operations.
The employer's request to terminate the collective agreement was dismissed.
