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Contracting out crate construction to a private company did not constitute a transfer of a Crown undertaking.
The Ontario Public Service Employees Union (OPSEU) brought an application under the Successor Rights (Crown Transfers) Act, alleging that a contract between the Ontario Science Centre and a packaging company for the construction of crates constituted a transfer of part of the Crown's undertaking.
The union argued that its bargaining rights should follow the work performed by the subcontractor.
The Ontario Labour Relations Board dismissed the application, finding that the packaging company had merely acquired the right to supply goods and services to the Crown using its own undertaking, which did not amount to a transfer of part of the Crown's undertaking.
