Syndicat+national+du+lait+inc.+v.+Laiterie+Royala+inc


 * Syndicat des producteurs de lait de Québec –CRT - 2004**


 * Facts –** The claimants made 4 claims under ss.45 and 46 of le Code du travail – each claim sought to obtain a declaration from the Commission des relations du travail (CRT) that the rights an obligations of the employer – le Syndicat – were transfered to each of the businesses of the respondent entrepreneurs. The claimants allege there was a partial transfer of the undertakings of the Syndicat’s business to them. For business reasons, le Syndicat decided to open up the milk routes in one region to independent entrepreneurs, completed through contracts of sale. These contracts provided for the transfer of the rights of the seller in individual milk contracts.


 * Issue:** Was there a transfer in part of the milk producing business within the meaning of s.45 of le Code du travail such that certification was not invalidated ? NO.

-The transfer of a milk route undeniably involves the transfer of functions. -The problem lies with the legis. ammendment – **para. 3 of s. 45** “The second paragraph **does not apply** in the case of the transfer of **part of the operation of an undertaking** where such transfer **does not entail the transfer** to the transferee, in addition to functions or the right to operate, **of most of the elements that characterize the part of the undertaking involved**” -Para. 3 of art. 45 provides that there won’t be the continuation of certification or collective bargaining as provided by art. 45 para. 1 if only the right to operate is transferred -According to //Bibealt//, to interpret s.45 properly you need to consider the goal of the legislator in allowing for the continuation of the certification or collective agreement despite the transfer of a business – favours stability of labour relations, protects employee rights in context of changes to the business – promotes industrial peace -Interprets “of most of the elements” in a quantitative rather than qualitative sense. This means that the partial transfer of a business that only implies a transfer of the functions is excluded from the application of s.45. -Each business is composed of a series of different elements that constitute its ensemble. One of these elements is the work done by the business but its particular identity is also derived from physical, intellectual, human, technical and legal aspects (Bibeault) -In the instant case, for 3 of the 4 entrepreneurs, the milk routes that they acquired came with all of the material and equipment required. Only one acquired an additional transport vehicle. This purchase of a truck is not within the legislator’s meaning – “of most of the elements”. There was only a functional transfer – not enough to trigger s.45.
 * Reasoning:**


 * Holding: Claims for transfer of certification rejected.**