Jamie Knight

The applicant union filed a related employer and sale of a business application against several responding companies.

One responding company brought a preliminary motion arguing the union failed to plead a prima facie case.

The Board dismissed the preliminary motion, noting the low threshold for pleading a prima facie case in such applications due to the reverse onus provisions.

The Board also addressed procedural matters regarding amended pleadings and scheduling.

The applicant filed an application alleging a violation of the Labour Relations Act, 1995.

Having considered the joint submissions of the parties, the Ontario Labour Relations Board dismissed the application as it did not disclose a violation of the Act.

The Board also amended the style of cause to reflect the correct name of the applicant.

The applicant union filed an application against the responding party employer.

Based on the joint submissions of the parties, the Ontario Labour Relations Board dismissed the application, finding that it did not disclose a violation of the Labour Relations Act, 1995.

The Board also ordered that the decision could not be referred to by either party in any subsequent litigation.

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.