Ontario Labour Relations Board
Between: United Food and Commercial Workers International Union, Local 175, Applicant v. Tibbett & Britten (Axis Logistics Inc.) and Sobeys Ontario, a Division of Sobeys Capital Incorporated, Responding Parties.
Before: Marilyn Silverman, Vice-Chair.
Decision of the Board; November 6, 2001
Decision
1This is an application filed under sections 69 and 1(4) of the Labour Relations Act, 1995 (the "Act"). The parties have reached a settlement of these matters and request the Board issue the following declaration pursuant to that settlement:
2The Board declares that:
a) a sale of business from Axis Logistics Inc. ("Axis") to Sobeys Onterio, A Division of Sobeys Capital Incorporated ("Sobeys") has occurred concerning the site located in Milton, Ontario, for the purposes of section 69 of the Act on or about July 1, 2001;
b) Sobeys is the successor employer to Axis at the site in Milton, Ontario for the purposes of the Act;
c) Axis and Sobeys are not related employers for the purpose of section 1(4) of the Act;
d) Sobeys is bound by the terms and provisions of the current Collective Agreement applicable to the site in Milton, Ontario, signed between Axis and the United Food and Commercial Workers International Union, Local 175, effective January 31, 1999 to January 31, 2004.
"Marilyn Silverman"
for the Board