The applicant union applied for a declaration of successor rights under section 54 of the Labour Relations Act following a purported merger with the respondent association.
The intervener employer raised a preliminary objection that the applicant lacked status as a trade union in Ontario because it had no prior presence, officers, or permanent office in the province.
The Board rejected this argument, holding that the statutory definition of a trade union does not require a pre-existing presence in Ontario.
Finding that the applicant was a viable organization of employees with a written constitution and elected officers, the Board concluded it was a trade union within the meaning of the Act and directed the matter to proceed on the merits.
