Definitions re sale of a business
64.  (1) In this section, “business” includes one or more parts of a business; (“entreprise”) “predecessor employer” means an employer who sells his, her or its business; (“employeur précédent”) “sells” includes leases, transfers and any other manner of disposition; (“vend”) “successor employer” means an employer to whom the predecessor employer sells the business. (“employeur qui succède”) Application (1.1) This section applies when a predecessor employer sells a business to a successor employer. Successor employer bound (2) If the predecessor employer is bound by a collective agreement, the successor employer is bound by it as if the successor employer were the predecessor employer, until the Board declares otherwise. 1992, c.21, s.29(1), part. Idem, in proceedings (2.1) If the predecessor employer is a party to any of the following proceedings, the successor employer is a party to the proceeding as if the successor employer were the predecessor employer, until the Board declares otherwise: 1. A proceeding before the Board under any Act. 2. A proceeding before another person or body under this Act, the Hospital Labour Disputes Arbitration Act, the Crown Employees Collective Bargaining Act, 1993 or the Agricultural Labour Relations Act, 1994. 3. A proceeding before the Board or another person or body relating to the collective agreement. 1992, c.21, s.29(1), part; 1994, c.6, s.27(3). Idem, by notices (2.2) If the predecessor employer has given or been given a notice relating to bargaining for a collective agreement or has requested the appointment of a conciliation officer or mediator, the successor employer is considered to have given or been given the notice or to have made the request, until the Board declares otherwise. Trade union continues (3) If, when the predecessor employer sells the business, a trade union is the bargaining agent for any employees of the predecessor employer, has applied to become their bargaining agent or is attempting to persuade the employees to join the trade union, the trade union continues in the same position in respect of the business as if the successor employer were the predecessor employer. Disputes (4) An interested person, trade union or council of trade unions may apply to the Board to determine, (a) a question concerning the scope of bargaining rights of the trade union referred to in subsection (3); or (b) a conflict in the bargaining rights of the trade union referred to in subsection (3) and another trade union representing employees of the successor employer. Bargaining unit (4.1) On an application under clause (4)(a), the Board may alter the composition of the bargaining unit for which the trade union referred to in subsection (3) holds bargaining rights. Amended bargaining units (4.2) On an application under clause (4)(b), the Board may alter the description of a bargaining unit in a certificate issued to any trade union or the definition of a bargaining unit in a collective agreement. Termination of bargaining rights (5) An interested person, trade union or council of trade unions may apply to the Board within sixty days after the predecessor employer sells the business for the termination of the bargaining rights of the trade union referred to in subsection (3). Idem (5.1) On an application under subsection (5), the Board may terminate the bargaining rights of the trade union only if it considers that the successor employer has changed the character of the business so that it is substantially different from the business of the predecessor employer. Miscellaneous powers (6) This subsection applies if the successor employer carries on one or more other businesses and the successor employer intermingles the employees of the business sold to him, her or it with those of another business. On application, the Board may, (a) declare that the successor employer is no longer bound by the collective agreement to which the predecessor employer was bound; (b) determine the unit or units of employees that are appropriate for collective bargaining; (c) declare which trade union or council of trade unions, if any, becomes the bargaining agent for the employees in each of the bargaining units; (d) amend, to the extent the Board considers necessary, any certificate issued to a trade union or council of trade unions or any bargaining unit defined in any collective agreement; and (e) define or redefine the seniority rights under any collective agreement of the employees concerned. 1992, c.21, s.29(1), part. Notice to bargain (7) Where a trade union or council of trade unions is declared to be the bargaining agent under clause (6)(c) and it is not already bound by a collective agreement with the successor employer with respect to the employees for whom it is declared to be the bargaining agent, it is entitled to give to the employer a written notice of its desire to bargain with a view to making a collective agreement, and the notice has the same effect as a notice under section 14. R.S.O. 1990, c.L.2, s.64(7); 1992, c.21, s.29(2). Powers of Board before disposing of application (8) Before disposing of any application under this section, the Board may make such inquiry, may require the production of such evidence and the doing of such things, or may hold such representation votes, as it considers appropriate. R.S.O. 1990, c.L.2, s.64(8); 1993, c.27, Sched. Where employer not required to bargain (9) Where an application is made under this section, an employer is not required, despite the fact that a notice has been given by a trade union or council of trade unions, to bargain with that trade union or council of trade unions concerning the employees to whom the application relates until the Board has disposed of the application and has declared which trade union or council of trade unions, if any, has the right to bargain with the employer on behalf of the employees concerned in the application. R.S.O. 1990, c.L.2, s.64(9). Effect of declaration (10) A declaration under subsection (6) has the same effect as a certification under section 9.1, for the purposes of sections 5 (application for certification), 58 (application for termination), 60 (termination of bargaining rights), 62 (application for certification or termination) and 125 (application for termination). 1992, c.21, s.29(3). Successor municipalities (11) Where one or more municipalities as defined in the Municipal Affairs Act is erected into another municipality, or two or more such municipalities are amalgamated, united or otherwise joined together, or all or part of one such municipality is annexed, attached or added to another such municipality, the employees of the municipalities concerned shall be deemed to have been intermingled, and, (a) the Board may exercise the like powers as it may exercise under subsections (6) and (8) with respect to the sale of a business under this section; (b) the new or enlarged municipality has the like rights and obligations as a person to whom a business is sold under this section and who intermingles the employees of two of the person’s businesses; and (c) any trade union or council of trade unions concerned has the like rights and obligations as it would have in the case of the intermingling of employees in two or more businesses under this section. Power of Board to determine whether sale (12) Where, on any application under this section or in any other proceeding before the Board, a question arises as to whether a business has been sold by one employer to another, the Board shall determine the question and its decision is final and conclusive for the purposes of this Act. Duty of respondents (13) Where, on an application under this section, a trade union alleges that the sale of a business has occurred, the respondents to the application shall adduce at the hearing all facts within their knowledge that are material to the allegation. R.S.O. 1990, c.L.2, s.64(11-13).