The applicant union sought a declaration that its bargaining rights bound the responding party, Heritage Green Senior Centre, following the Ministry of Health's takeover and subsequent reallocation of nursing home beds from the revoked license of Saint Elizabeth Nursing Home.
The Ontario Labour Relations Board found that the Ministry's operation of the home constituted a Crown undertaking, and the issuance of a new license to Heritage Green, along with the transfer of residents, constituted a transfer of that undertaking.
The Board further held that valid bargaining rights existed and that intermingling of employees had occurred.
The application was allowed, and the collective agreement was declared to apply as of the date of transfer without the need for a representation vote.
