The applicant trade union sought a declaration under section 68 of the Labour Relations Act, 1995 that it was the successor to the City of Waterloo Staff Association.
The Board found that while the Staff Association met the definition of a 'trade union', it was not a 'bargaining agent' capable of transferring bargaining rights.
The Board concluded that the Staff Association's formation and administration were riddled with employer support, including mandatory membership and dues deduction, and that it had never acted as the exclusive bargaining agent for the employees.
As the Staff Association did not hold bargaining rights at the time of the alleged merger, the application was dismissed.