Acts and Regulations

I-4 - Industrial Relations Act

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Transfer of union rights
58(1)Where a trade union or council of trade unions claims that by reason of a merger or amalgamation or a transfer of jurisdiction it is the successor of a trade union or council of trade unions that at the time of the merger, amalgamation or transfer of jurisdiction was the bargaining agent of a unit of employees of an employer and any question arises in respect of its right to act as the successor, the Board, in any proceeding before it or on the application of any person or trade union concerned, may declare that the successor has or has not, as the case may be, acquired the rights, privileges and duties under this Act of its predecessor, or the Board may dismiss the application.
58(2)Before issuing a declaration under subsection (1), the Board may make or cause to be made such examination of records or other inquiries, including the holding of hearings, as it deems necessary, or take or supervise the taking of such votes as it deems expedient to direct, and the Board may prescribe the nature of the evidence to be furnished to the Board.
58(3)Where the Board makes an affirmative declaration under subsection (1), the successor shall for the purposes of this Act be conclusively presumed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement or otherwise, and the employer, the successor and the employees concerned shall recognize such status in all respects.
1971, c.9, s.59