The applicant union brought an application under sections 63 and 1(4) of the Labour Relations Act, alleging a sale of business and related employer status between the respondents.
The preliminary issue was whether the respondent, David Yan & Partner of Canada Limited, was bound by a collective agreement with the applicant.
The Board found that the respondent had voluntarily recognized the union by joining the Toronto Construction Association, which subsequently entered into a collective agreement on its behalf.
The Board concluded that the respondent was bound by the current industrial, commercial, and institutional collective agreement and directed the matter to be listed for a continuation of the hearing.
