Order No.: 11301-U
Rescinds: 8074-U
IN THE MATTER OF THE
Canada Labour Code
- and -
International Association of Machinists
and Aerospace Workers,
applicant,
- and -
Airport Terminal Services Canadian Company,
Edmonton, Alberta,
employer.
WHEREAS the Canada Industrial Relations Board (the Board) has received an application for certification pursuant to section 24(1) 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 Airport Terminal Services Canadian Company comprising:
all ramp agents, ramp crew chiefs (ramp leads), groomers and grooming crew chiefs (groomer leads) of Airport Terminal Services Canadian Company working at the Edmonton International Airport excluding supervisors and those above the rank of supervisor.
AND WHEREAS the employer agrees with the proposed bargaining unit description;
AND WHEREAS the Board, by order no. 8074-U dated July 9, 2001, had previously certified the International Association of Machinists and Aerospace Workers as the bargaining agent for a unit of employees of Airport Terminal Services Canadian Company comprising:
all employees of Airport Terminal Services Canadian Company working at the Edmonton International Airport excluding supervisors, station manager, ground support equipment person.
AND WHEREAS the applicant submits that the bargaining unit described in order no. 8074-U has been inactive for the last 17 years and that consequently, the certification order is no longer current;
AND WHEREAS the employer agrees that the applicant has abandoned its bargaining rights granted by order no. 8074-U by failing, over the last 17 years, to represent the employees in the bargaining unit;
AND WHEREAS the applicant asks that a new certification order be issued based on the applicant’s current demonstration of majority support;
AND WHEREAS, after consideration of the submissions of the parties concerned, the Board has determined that the applicant has abandoned its bargaining rights granted by order no. 8074-U and finds it appropriate, in the circumstances, to use its discretionary review power under section 18 of the Code to rescind order no. 8074-U;
AND WHEREAS, following investigation of the application and consideration of the submissions of the parties concerned, 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 certification order no. 8074-U, dated July 9, 2001, be rescinded, and it is hereby rescinded;
FURTHERMORE, it is ordered by the Canada Industrial Relations Board that the International Association of Machinists and Aerospace Workers be, and it is hereby certified to be, the bargaining agent for a unit comprising:
all ramp agents, ramp crew chiefs (ramp leads), groomers and grooming crew chiefs (groomer leads) of Airport Terminal Services Canadian Company working at the Edmonton International Airport excluding supervisors and those above the rank of supervisor.
ISSUED at Ottawa, this 27th day of July, 2018, by the Canada Industrial Relations Board.
Annie G. Berthiaume
Vice-Chairperson
Reference: File No. 32677-C