The United Food and Commercial Workers Union (UFCW) applied under section 62 of the Labour Relations Act for a declaration that it was the successor to the Kraus Carpet Employees Association following a merger.
The respondent employers argued the Association lacked the power to merge without unanimous member consent and that the voting procedure was flawed.
A complainant employee also alleged the merger process breached the union's duty of fair representation under section 68.
The Ontario Labour Relations Board held that unanimous consent was not required for a trade union to merge under the Act, and that the single vote to amend the constitution and approve the merger was sufficient.
The Board declared the UFCW the successor union and dismissed the section 68 complaint.
