Order No.: 11099-U
IN THE MATTER OF THE
Canada Labour Code
- and -
Office and Professional Employees
International Union,
applicant,
- and -
Cougar Helicopters Inc.,
St. John’s, Newfoundland and Labrador,
employer.
WHEREAS the Canada Industrial Relations Board (the Board) has received an application for certification pursuant to section 24 of the Canada Labour Code (Part I–Industrial Relations) (the Code) from the applicant seeking certification as bargaining agent for a unit of employees of Cougar Helicopters Inc.;
AND WHEREAS, the employer disputed the inclusion of the Lead Dispatcher position in the proposed bargaining unit;
AND WHEREAS, by Order no. 904-NB, the Board ordered that a representation vote be taken among the employees in the proposed bargaining unit and ordered that the ballots be segregated, sealed and not counted until such time as directed by the Board;
AND WHEREAS, after consideration of the submissions from the parties pertaining to the position in dispute, the Board determined that the position of Lead Dispatcher is to be included in the bargaining unit;
AND WHEREAS, following investigation of the application, consideration of the submissions of the parties concerned and the taking of a representation vote, the Board has found the applicant to be a trade union within the meaning of the Code, has determined the unit described hereunder to be appropriate for collective bargaining and is satisfied that a majority of the employees of the employer in the unit wish to have the applicant trade union represent them as their bargaining agent.
NOW, THEREFORE, it is ordered by the Canada Industrial Relations Board that the Office and Professional Employees International Union be, and it is hereby certified to be, the bargaining agent for a unit comprising:
all dispatchers, weather observers and radio operators employed by Cougar Helicopters Inc., excluding supervisors and persons above the rank of supervisor.
ISSUED at Ottawa, this 31st day of January, 2017, by the Canada Industrial Relations Board.
Annie G. Berthiaume
Vice-Chairperson
Reference: File No. 31880-C