The union brought an application under section 69 and subsection 1(4) of the Labour Relations Act, 1995, seeking a declaration that a sale of business occurred between Sobeys and several franchisees, or alternatively that they constitute one employer.
The responding parties moved to dismiss the subsection 1(4) application for failing to disclose a prima facie case.
The union moved for production of the actual franchise agreements.
The Board dismissed the motion to dismiss, finding the union established a prima facie case for relief under subsection 1(4) regarding the relationship between Sobeys and each franchisee.
The Board also granted the union's request for production, allowing union counsel to review the actual contracts subject to confidentiality conditions.