Several employees applied to terminate the bargaining rights of Locals 175 and 633 of the United Food & Commercial Workers International Union following the sale of two grocery stores by Gordons Markets to new independent owners.
The union argued the termination applications were untimely because it had given notice to bargain to the successor employers under section 63(3) of the Labour Relations Act.
The Board found that the union's letters to the new owners merely informed them of the union's successor rights and requested a meeting to discuss the application of the existing collective agreements, but did not constitute clear and unequivocal notice of a desire to bargain a new or modified collective agreement.
Consequently, the letters did not trigger the statutory bar to termination applications.
