Michael Battista

The Teamsters and individual complainants alleged that Steinberg breached the duty to bargain in good faith by negotiating a collective agreement with final offer selection and labour peace provisions, and subsequently selling its Ontario retail operations to A & P. They also alleged that the transaction constituted a sale of the distribution business under section 63 of the Labour Relations Act, and that the structure of the deal and A & P's subsequent hiring practices were motivated by anti-union animus.

The Ontario Labour Relations Board dismissed all applications and complaints, finding no breach of the duty to bargain in good faith, no sale of the distribution business, and no anti-union animus in the transaction's structure or A & P's hiring practices.

The respondent Steinberg Inc. obtained an ex parte order under the Companies' Creditors Arrangement Act (CCAA) from the Quebec Superior Court staying all proceedings against it.

The Ontario Labour Relations Board considered whether this stay order applied to ongoing unfair labour practice and related employer proceedings before the Board.

The Board held that the broad language of the CCAA and the court order encompassed its adjudicative processes, notwithstanding the remedial nature of the Labour Relations Act.

The Board further held that the proceedings could not be severed to continue against the co-respondent A&P unless the applicants withdrew their complaints against Steinberg.

The applicants and complainants brought a motion seeking a direction from the Board that the respondent Steinberg produce a witness to testify regarding an allegation of a sale of business under section 64 of the Labour Relations Act.

The respondents argued that the statutory duty under section 64(13) was satisfied because the co-respondent, A&P, had produced a witness.

The Board rejected this argument and directed Steinberg to adduce viva voce testimony of all facts within its knowledge material to the allegation.