Labour relations board

Where a business with a union changes hands, the board under the governing statute decides the questions that statute gives it, such as whether a business was sold or what rights and duties a purchaser acquired. A buyer meets it when a sale or a question about related businesses reaches the board. Which board applies depends on whether the business falls under a province or the federal code.

Three boards, three statutes

• Ontario: if a question arises as to whether a business has been sold, the Board determines it (Labour Relations Act, 1995, s. 69(12)). On application, it may treat related businesses under common control or direction as one employer (s. 1(4)).
• British Columbia: on a question under the successorship section (s. 35), the board determines what rights, privileges and duties were acquired or retained. Section 38 lets it treat related businesses as one employer.
• Federal: the Canada Industrial Relations Board may, on application by an affected union or employer, declare associated or related federal businesses operated by employers under common control or direction a single employer (Canada Labour Code, s. 35).

What to ask

Ask whether any application is pending before a board and whether any orders exist. This entry covers Ontario, British Columbia and the federal board only; check the rules where you are. See whether a union follows the business to a new owner and successor rights.