W. McNaughton

The union filed a complaint alleging the employer failed to bargain in good faith by reneging on an offer regarding the length of the Christmas shutdown.

The employer had proposed a two-year renewal with 'no change', which both parties understood to mean an eight-day paid Christmas shutdown.

After the union membership voted to accept the offer, the employer attempted to schedule a five-day shutdown, claiming it had not agreed to specific dates.

The Board found that while the employer acted without ill intent, it violated section 15 of the Labour Relations Act by purporting to modify its offer after permitting the union to accept it.

The Board directed the employer to enter into a collective agreement reflecting the eight-day shutdown and to provide affected employees with three additional paid days off.

The applicant union sought a declaration under section 63 of the Labour Relations Act that a sale of a business occurred between Universal Sections Limited and U S L Industries Inc. Universal had gone into receivership and its physical assets were sold by tender to Danbury Sales, which subsequently sold them to U S L Industries Inc. The Board found that Danbury purchased only a bundle of discrete assets and did not acquire the business as a going concern.

Consequently, there was no sale of a business from Universal to Danbury, and thus no sale to U S L Industries Inc. The application was dismissed, with one Board Member dissenting.