2 total
Board finds sale of business occurred but terminates union's bargaining rights due to employee intermingling.
The Power Workers' Union applied under section 69 of the Labour Relations Act, alleging a sale of part of Ontario Hydro's business to Lincoln Hydro Electric Commission following a statutorily mandated transfer of retail distribution assets.
The Ontario Labour Relations Board found that a sale of part of a business had indeed occurred, as Lincoln Hydro acquired a coherent and functioning part of Ontario Hydro's operation.
However, because only one former Ontario Hydro employee accepted a job with Lincoln Hydro and was intermingled with its largely non-union workforce, the Board exercised its discretion under section 69(6) to terminate the union's bargaining rights effective the date of the transfer.
Termination application given priority over combination application; petition found voluntary and representation vote ordered.
The union applied to combine the full-time and part-time bargaining units at a supermarket.
Shortly after, an employee applied to terminate the union's bargaining rights for the full-time unit.
The Board determined that the termination application should be given procedural priority over the combination application to preserve the employees' representation rights.
On the merits of the termination application, the Board found that the petition in support of termination was voluntary, despite the presence of the employer's children in the bargaining unit and the manner in which signatures were collected.
A representation vote was ordered.
