Order No.: 11252-U
Supercedes: 10464-U
IN THE MATTER OF THE
Canada Labour Code
- and -
Syndicat des travailleuses et des travailleurs
de NavStar Aviation-CSN;
NavStar Service En Aviation Inc.,
applicants,
- and -
Global Aviation Services Inc.,
Mississauga, Ontario,
employer.
WHEREAS the Canada Industrial Relations Board (the Board), by order no. 10464-U dated July 19, 2013, certified the Syndicat des travailleuses et des travailleurs de NavStar Aviation-CSN as the bargaining agent for a unit of employees of NavStar Service En Aviation Inc. comprising:
all employees of NavStar Service En Aviation Inc. working at Montréal Pierre-Elliot-Trudeau International Airport, excluding office clerks, supervisors and those above the rank of supervisor.
AND WHEREAS, the Board has received a joint application from the applicants, pursuant to sections 35 and 44 of the Canada Labour Code (Part I–Industrial Relations) (the Code), seeking a declaration that the sale of a majority of the assets of NavStar Service En Aviation Inc. to Global Aviation Services Inc. constitutes a sale of business within the meaning of the Code and that NavStar Service En Aviation Inc. and Global Aviation Services Inc. are a single employer and a single federal work, undertaking or business for all purposes of Part I the Code;
AND WHEREAS, in light of the sale of business, NavStar Service En Aviation Inc. and Global Aviation Services Inc. are interrelated and NavStar Service En Aviation Inc. continues to operate;
AND WHEREAS, after investigation of the application and consideration of the submissions of the parties concerned, the Board has determined that a sale of business has occurred within the meaning of section 44 of the Code and has found that NavStar Service En Aviation Inc. and Global Aviation Services Inc. are a single employer within the meaning of section 35 of the Code;
NOW, THEREFORE, the Canada Industrial Relations Board declares that a sale of business has occurred within the meaning of the Code, that NavStar Service En Aviation Inc. and Global Aviation Services Inc. are interrelated and are both a single employer and that the Syndicat des travailleuses et des travailleurs de NavStar Aviation-CSN continues to be the certified bargaining agent for a bargaining unit comprising:
all employees of NavStar Service En Aviation Inc. and Global Aviation Services Inc. working at the Montréal Pierre-Elliot-Trudeau International Airport, excluding office clerks, supervisors and those above the rank of supervisor.
FURTHERMORE, the Board declares that, pursuant to section 44(2)(c) of the Code, the parties continue to be bound by the collective agreement applicable to the unit on the date of the sale of business.
ISSUED at Ottawa, this 6th day of April 2018, by the Canada Industrial Relations Board.
Louise Fecteau
Vice-Chairperson
Reference: File No. 32396-C