The applicant union sought a declaration that a sale of a business occurred under section 63 of the Labour Relations Act when a receiver entered into an interim management agreement with a numbered company to operate the insolvent predecessor's trucking business pending a final sale.
The numbered company applied the collective agreement of a competing union to the employees.
The Board distinguished prior cases where a receiver operated a business solely as agent for the debtor, finding that the numbered company operated the business for its own profit subject to a fixed monthly fee.
The Board declared that a sale of a business had taken place, entitling the applicant to give notice to bargain, and amended the competing union's collective agreement to exclude the predecessor's business.
