- May 25, 2021
- Jurisdiction/Cases Involving Rival Unions
Santa Buddies refused to enter into a collective agreement with the BC Council and instead entered into a voluntary recognition agreement with ACFC West. The BC Council then applied under section 35 of the BC Labour Relations Code for a declaration that Santa Buddies was a successor to Space Buddies and was bound by the certification and collective agreement held by the Film Council for Space Buddies. There was no dispute that the employer for the purposes of the Code was the specific corporate entity created to produce a given film or television production and not the corporate parent of that entity (in this case Keystone). The Board applied Shavick Entertainment Inc., BCLRB No. B152/2000 and concluded that there was no transfer of a business between Santa Buddies (one movie) and Space Buddies (another movie). The similarities and connections between the two films (i.e., use of key personnel, use of the “Buddy” trademark, same “Disney” client) and the fact of common corporate ownership and control of both employers did not mean that the business of Space Buddies had been transferred; there was no discernible continuity of business from one production to the other for the purposes of section 35 of the Code.