Sale of Business Decision Recognized by Canada Industrial Relations Board
📌 In brief
The Canada Industrial Relations Board recognized a sale of business and updated the bargaining unit for the new employer, ensuring the workers' rights remain protected under the new conditions.
⚖️ Legal holding
A sale of business within the meaning of the Code results in the successor employer being recognized and the bargaining unit being updated accordingly.
📖 What the law says
This rule allows the Board to look at, cancel, change, or adjust any decision or order it has made. It also lets the Board hear an application again before making a final decision.
This rule defines 'business' as any federal work, undertaking, or business, or part of one. It also states that 'sell' includes transferring or otherwise disposing of a business, and leasing a business is considered selling it. If a business is sold, the union representing its employees remains their bargaining agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Board declared a sale of business and updated the bargaining unit description.
📜 Headnote Official document
The Board declared a sale of business and updated the bargaining unit description for the successor employer, pursuant to the Canada Labour Code, s. 18 and 44.
📚 Full judgment Official document
Order No.: 12188-U Supersedes: 10279-U IN THE MATTER OF THE Canada Labour Code - and - United Food and Commercial Workers Canada Local 175, applicant, - and - Executive Aviation Fuels Ltd., Garson, Ontario, [COMPANY]., Niagara-on-the-Lake, Ontario, employers. WHEREAS the Canada Industrial Relations Board (the Board), by order no. 10279‑U dated May 29, 2012, certified the United Food and Commercial Workers Canada Local 175 (the applicant) as the bargaining agent for a unit of employees comprising: all employees of [COMPANY]. in the city of Sudbury, Ontario, excluding office and clerical staff and persons above the rank of supervisor. AND WHEREAS the Board has received an application from the applicant, pursuant to sections 18 and 44 of the Canada Labour Code (the Code ), seeking a declaration that certain employees of Executive Aviation Fuels Ltd. are within the scope of the bargaining unit described in order no. 10279-U or, alternatively, seeking to add these employees to the bargaining unit; AND WHEREAS the applicant is also seeking a declaration that a sale of business occurred in December 2016, following a receivership involving [COMPANY]. and other related corporate entities, through which [COMPANY]. acquired certain assets of [COMPANY]. and other related corporate entities at the Greater Sudbury Airport; AND WHEREAS the applicant is also seeking to update the employer’s name in order no. 10279-U to Executive Aviation Fuels Ltd., due to an amalgamation in May 2024 involving [COMPANY]., Executive Aviation Fuels Ltd. and other corporate entities and through which Executive Aviation Fuels Ltd. became the successor employer for the bargaining unit described in order no. 10279-U; AND WHEREAS , for the reasons set out in Executive Aviation Fuels Ltd. and [COMPANY]. , 2026 CIRB LD 6054 (LD 6054), the Board has dismissed the application under section 18 of the Code seeking a declaration that certain employees of Executive Aviation Fuels Ltd. are within the scope of the bargaining unit described in order no. 10279-U or seeking to add them to the bargaining unit; AND WHEREAS , f or the reasons set out in LD 6054, the Board has recognized that a sale of business occurred within the meaning of section 44 of the Code following the receivership involving [COMPANY]., through which [COMPANY]. acquired certain assets of [COMPANY]. and other related corporate entities; AND WHEREAS , for the reasons set out in LD 6054, the Board has recognized that the amalgamation in May 2024 involving [COMPANY]., Executive Aviation Fuels Ltd. and other corporate entities constitutes a sale of business within the meaning of section 44 of the Code and has determined that it is appropriate to update the employer’s name in order no. 10279-U to Executive Aviation Fuels Ltd.; AND WHEREAS , for the reasons set out in LD 6054, the Board finds it appropriate, pursuant to section 18 of the Code , to amend and update the bargaining unit description in order no. 10279-U to accurately reflect the composition of the bargaining unit at Executive Aviation Fuels Ltd.; AND WHEREAS , in LD 6054, the Board provided the parties with the opportunity to make submissions on the appropriate bargaining unit description and on the applicant ’ s request for an order directing Executive Aviation Fuels Ltd. to execute the collective agreement or an order deeming the yet-to-be-executed collective agreement to be operative under the name of Executive Aviation Fuels Ltd.; AND WHEREAS , in its submissions, Executive Aviation Fuels Ltd. indicated that following receipt of the Board’s order confirming the bargaining unit description, it will finalize its review of the draft collective agreement to ensure that it accurately reflects the parties’ agreements as set out in the memorandum of agreement dated June 23, 2025; AND WHEREAS the Board has considered the parties’ submissions and determined that, in the present application, it does not have the authority to issue an order directing Executive Aviation Fuels Ltd. to execute the collective agreement or deeming the collective agreement to be operative under the name of Executive Aviation Fuels Ltd.; AND WHEREAS the Board notes the parties’ continuing obligation to bargain in good faith under section 50(a) of the Code . NOW, THEREFORE , the Board declares that a sale of business has occurred within the meaning of the Code , that Executive Aviation Fuels Ltd. is a successor employer to [COMPANY]. and that the United Food and Commercial Workers Canada Local 175 is the certified bargaining agent for a bargaining unit comprising: all employees of Executive Aviation Fuels Ltd. at the Greater Sudbury Airport performing ground handler and ground handler lead duties, excluding office and clerical staff, persons above the rank of supervisor, customer service agents, customer service leads, customer service trainers, fuel agents, fuel leads, mechanics and baggage delivery drivers. ISSUED at Ottawa, this 3rd day of June, 2026, by the Canada Industrial Relations Board. [NAME]-Chairperson Reference: File No. 039028-C
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The Board recognized that a sale of business occurred within the meaning of section 44 of the Code following the receivership involving a company, through which a company acquired certain assets of another company and other related corporate entities.
- The Board recognized that the amalgamation in May 2024 involving a company, Executive Aviation Fuels Ltd., and other corporate entities constitutes a sale of business within the meaning of section 44 of the Code.
- The Board determined that it is appropriate to update the employer’s name in order no. 10279-U to Executive Aviation Fuels Ltd.
- The Board finds it appropriate, pursuant to section 18 of the Code, to amend and update the bargaining unit description in order no. 10279-U to accurately reflect the composition of the bargaining unit at Executive Aviation Fuels Ltd.
- The Board notes the parties’ continuing obligation to bargain in good faith under section 50(a) of the Code.
❌ Tends to be rejected
- The Board dismissed the application under section 18 of the Code seeking a declaration that certain employees of Executive Aviation Fuels Ltd. are within the scope of the bargaining unit described in order no. 10279-U or seeking to add them to the bargaining unit.
- The Board determined that, in the present application, it does not have the authority to issue an order directing Executive Aviation Fuels Ltd. to execute the collective agreement or deeming the collective agreement to be operative under the name of Executive Aviation Fuels Ltd.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Board recognized a sale of business and updated the bargaining unit for the successor employer.
What was the dispute about?
The dispute was about whether a sale of business had occurred and whether the bargaining unit should be updated for the new employer.
How did the court decide, and why?
The court decided that a sale of business had occurred and updated the bargaining unit accordingly, based on the provisions of the Canada Labour Code.
Which laws or rules were applied?
The Canada Labour Code, specifically sections 18 and 44, were applied.
What was the argument that mattered most?
The argument that mattered most was that the sale of business had occurred and the successor employer should be recognized.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, recognizing the sale of business and updating the bargaining unit.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that if a sale of business occurs, the bargaining unit can be updated to reflect the new employer.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.