The Minister of Labour referred a question to the Ontario Labour Relations Board regarding her authority to appoint a conciliation officer.
The union had requested conciliation after giving notice to bargain to the employer, which objected on the basis that it had contracted out all cleaning work to a successor employer, leaving the bargaining unit empty.
The Board advised that the deemed sale of the business did not terminate the union's bargaining rights or its collective agreement with the predecessor employer.
Therefore, the union was entitled to give notice to bargain, and the Minister has the authority to appoint a conciliation officer, despite the practical difficulties of bargaining for an empty unit.
