The Minister of Labour referred a question to the Ontario Labour Relations Board regarding whether a conciliation officer must be appointed following the sale of a hospital business.
The predecessor employer and the union had already completed conciliation and constituted an arbitration board under the Hospital Labour Disputes Arbitration Act prior to the sale.
The Board advised the Minister that under section 63 of the Labour Relations Act, the union's notice to bargain to the successor employer has the same effect as certification, entitling the parties to utilize all dispute resolution mechanisms anew.
Consequently, the previously constituted arbitration board has no jurisdiction over the successor employer, and the Minister is required to appoint a conciliation officer.
