The union filed an unfair labour practice complaint and a section 63 application alleging a sale of a business after the respondent terminated its property management contract with A.E. LePage and hired the former LePage employees directly to manage the project in-house.
The Board dismissed the unfair labour practice complaint, finding no anti-union animus in the respondent's decision to save management fees and offer enhanced wages to retain experienced staff.
However, the Board granted the section 63 application, concluding that the respondent's acquisition of the management expertise, administrative staff, and operational system constituted a sale of a part of LePage's business, thereby binding the respondent to the existing collective agreement.
