Wayne Hanley

The applicant union filed an application under section 63 of the Labour Relations Act, alleging a sale of a business from Steinberg to Ferlisi.

Steinberg had surrendered its lease for a supermarket premises, and the landlord subsequently leased the premises to Ferlisi, an operator of ethnic supermarkets.

Ferlisi also purchased unwanted equipment left by Steinberg at the landlord's insistence.

The Board found no nexus between Steinberg and Ferlisi, noting that Ferlisi's operation was targeted to a specific ethnic community and was an expansion of its own pre-existing business rather than a continuation of Steinberg's business.

The application was dismissed.

The applicant union brought applications under section 63 of the Labour Relations Act following the conversion of several New Dominion stores to A & P stores.

The Board found that the conversions constituted a transfer of part of a business, making A & P the successor employer.

To resolve the conflict between the province-wide bargaining rights of the applicant and the existing rights of the intervener unions at the converted stores, the Board amended the applicant's scope clause to exclude the converted stores by street address and added a clarity note to the interveners' scope clauses to preserve their bargaining rights at those specific locations, without restricting their broader geographic scope.