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Sale of business declared where son incorporated new non-union company taking over father's electrical contracting operations.
The applicant union sought a declaration that a sale of a business occurred between J. B. Carroll Electric Limited and Carroll Electric (1982) Limited, or alternatively, that they were related employers.
The Board found that the core of the predecessor's business, including customers, inventory, and employees, was transferred to the newly incorporated company, which was formed by the son of the predecessor's owner partly to avoid collective bargaining obligations.
The Board declared that a sale of a business had taken place under section 63 of the Labour Relations Act, binding the new company to the collective agreement.
