United Steelworkers of America v. Syl-Shar Holdings Inc.
[1994] OLRB Rep. November 1591
2375-94-R United Steelworkers of America, Applicant v. Syl-Shar Holdings Inc., Responding Party
BEFORE: Brain Herlich, Vice-Chair, and Board Members W. H. Wightman and H. Kobryn.
DECISION OF THE BOARD; November 21, 1994
[1]. In this application under section 64 of the Labour Relations Act the applicant union alleges that a sale of a business has taken place from the predecessor Circle Inn Limited ("Circle Inn") to Syl-Shar Holdings Inc. ("Syl-Shar").
[2]. The union, in its application asserts that it was certified in Board File No. 0880-93-R to represent employees of Circle Inn. Circle Inn's business included the operation of a motel and a restaurant and bar. On or about February 9, 1994 the union was advised by Circle Inn that, effective February 1,1994, its restaurant, bar and banquet facilities would, by way of a lease arrangement, be operated by another company subsequently identified to the union as Syl-Shar. Syl-Shar subsequently indicated in writing, in a letter which it copied to the union, that it wished to participate and "be active in all negotiations that affect the employees within the building area of the tenant".
[3]. This application was filed October 6, 1994 and a terminal date of October 21, 1994 was set. Circle Inn filed a response on October 20, 1994 in which, with a few exceptions not material for our purposes, it agreed to the material facts set out in the application. Among the documents it filed is a copy of the lease agreement dated December 31, 1993 between Circle Inn and Syl-Shar.
[4]. Syl-Shar has not filed a response in this matter.
[5]. Having regard to the material facts set out in the application, agreed to by Circle Inn, undisputed by Syl-Shar and which, in the circumstances and pursuant to Rule 19, we accept as true, the Board is satisfied and flereby declares that Syl-Shar is a successor employer within the meaning of section 64 of the Act to whom Circle Inn has sold one or more parts of its business.