The applicant union sought a declaration that the respondent was a successor employer following the sale of a business and was therefore bound by the existing collective agreement.
The respondent admitted the sale occurred but argued the Board had general discretion under section 55 of the Labour Relations Act to declare it not bound by the agreement.
The Board rejected this argument, finding that section 55 is declaratory in nature and automatically flows bargaining rights through to the successor employer, subject only to specific statutory exceptions.
The Board declared the respondent bound by the collective agreement.
