The applicant union sought a declaration of successor rights, arguing that the opening of a Ruth's Chris steakhouse in the hotel premises formerly occupied by Trader Vic's constituted a sale of a business under section 69 of the Labour Relations Act.
The union argued that the downtown location was a key asset transferred to the new restaurant.
The Board found that the transaction was merely a lease of space and that no part of the predecessor's business, other than the location itself, was transferred.
The application was dismissed.
