Order No.: 11111-U
IN THE MATTER OF THE
Canada Labour Code
- and -
Unifor,
applicant,
- and -
Jazz Aviation LP,
applicant,
- and -
Jazz Technical Services (JTS),
a division of Jazz Aviation LP,
applicant.
WHEREAS the Canada Industrial Relations Board (the Board), by order no. 10739-U dated February 27, 2015, certified Unifor as the bargaining agent for a unit of employees of Jazz Aviation LP comprising:
all licensed technical skilled trades and apprentice employees; all unlicensed technical trades and apprentice employees and technical support employees at Jazz Aviation LP, excluding supervisors and those above, maintenance controllers, air worthiness auditors/managers, engineers (professional), production specialists, supervisors heavy avionics, administrative technical support services, engineer co-ordinators, cabin service co‑ordinators, office and clerical employees, inspectors (quality assurance);
AND WHEREAS, in accordance with the parties’ Memorandum of Settlement dated January 27, 2016, the Board has received a joint application pursuant to sections 18, 44 and 45 of the Canada Labour Code (Part I–Industrial Relations) (the Code), seeking a declaration that the transfer of Jazz Aviation LP’s heavy maintenance operations to Jazz Technical Services (JTS), a division of Jazz Aviation LP constitutes a partial sale of business within the meaning of the Code;
AND WHEREAS, since on or about May 11, 2016, the employees who previously performed heavy maintenance work for Jazz Aviation LP are now performing the same work for Jazz Technical Services (JTS), a division of Jazz Aviation LP;
AND WHEREAS, after investigation of the application and consideration of the submissions of the parties concerned, the Board has determined that a partial sale of business has occurred within the meaning of section 44 of the Code;
NOW, THEREFORE, the Board declares that a partial sale of business has occurred within the meaning of the Code, that Jazz Technical Services (JTS), a division of Jazz Aviation LP is the successor employer with respect to heavy maintenance operations, and that Unifor is the certified bargaining agent for a bargaining unit comprising:
all licensed technical skilled trades and apprentice employees; all unlicensed technical trades and apprentice employees and technical support employees at Jazz Technical Services (JTS), a division of Jazz Aviation LP, excluding supervisors and those above, maintenance controllers, air worthiness auditors/managers, engineers (professional), production specialists, supervisors heavy avionics, administrative technical support services, engineer co‑ordinators, cabin service co-ordinators, office and clerical employees, inspectors (quality assurance).
ISSUED at Ottawa, this 14th day of February, 2017, by the Canada Industrial Relations Board.
Ginette Brazeau
Chairperson
Reference: File No. 31932-C