The Ontario Public Service Employees Union brought six applications under the Successor Rights (Crown Transfers) Act, alleging that the Crown transferred undertakings to various contractors who provided services such as snow plowing, garbage disposal, janitorial work, and park maintenance.
The Crown and the contractors argued that the applications should be dismissed because the Union had abandoned its bargaining rights and because some contractors had no employees and were therefore not 'employers' under the Act.
The Ontario Labour Relations Board held that the contracted services constituted 'undertakings' that were transferred from the Crown.
The Board also found that a contractor need not have employees to be an 'employer' under the Act.
Finally, the Board held that even if the Union had abandoned its rights regarding earlier contracts, the undertakings reverted to the Crown upon the expiry of those contracts, creating a fresh transfer and a new opportunity for the Union to assert its rights.
The applications were granted, and the contractors were declared bound by the collective agreement.
