‘Illogical’ approach raises good faith concerns during merger in Ontario
An Ontario arbitrator has dismissed an employer's attempt to delay collective bargaining during a corporate amalgamation, criticizing the company for processing individual employee grievances while refusing to negotiate wages for the entire bargaining unit.
In a Jan. 16, 2026 decision, Arbitrator Michael Bendel rejected Highrise Window Technologies's request to postpone arbitration until the Ontario Labour Relations Board ruled on disputes over the company's merger.
Bendel called the employer's selective approach to grievance handling during the transition “illogical” and questioned its good faith.
Highrise Window and Quest Window Systems Inc. amalgamated on Aug. 1, 2024, becoming 16016774 Canada Inc. The collective agreement with the United Brotherhood of Retail, Food, Industrial and Service Trades International Union required the parties to meet in August and September 2025 to negotiate new rates. Article 23.02 stated: “The parties agree to meet during the months of August and September 2025 to determine the hourly rates and benefit premiums to be paid during the period of October 1, 2025 to September 30, 2026.”
The employer refused to meet, claiming uncertainty about which corporate entity was the actual employer following the amalgamation. Three applications were pending before the OLRB, including a displacement certification application and a section 69 sale...
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