Unions sometimes bring applications to include certain companies in their bargaining unit in an attempt to collect dues and act as a bargaining agent to employees of the new company.
In any proactive decision to mitigate such claims, employers should get legal advice to assess their obligations to their unionized workers when purchasing a business that is unionized or facing a union certification application from their own employees. Employers should also note that corporate structures such as partnerships or subsidiary corporations may not eliminate risk of liability as the Labour Board will assess whether there is overlap in the business of the two corporations at issue and whether that overlap involves the work of the Union.
When responding to such applications, companies must act fast to obtain competent advice that recognizes the nuances of their particular labour matter. This will allow for best outcomes in any grievance arbitration.