The applicant union referred a grievance to the Board alleging that Braneida Mechanical Service Ltd. was bound by a provincial agreement due to a sale of a business from Oliver Plumbing and Heating Limited.
Oliver had ceased operations and liquidated its assets, with Braneida purchasing a small portion of its equipment and hiring some former employees.
The Board found that Braneida was a new business rather than a continuation of Oliver, and therefore dismissed the grievance, concluding there was no sale of a business under section 55 of the Labour Relations Act.
One Board member dissented.
