Order No.: 11341-U
IN THE MATTER OF THE
Canada Labour Code
- and -
Public and Private Workers of Canada, Local No. 5,
applicant,
- and -
Executive Air Craft Ltd.,
Richmond, British Columbia,
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 Executive Air Craft Ltd.;
AND WHEREAS, the employer is opposed to the application on the basis that the proposed bargaining unit is not appropriate for collective bargaining and also filed a complaint of unfair labour practice relating to the organizing campaign of the applicant (Board file no. 32828‑C);
AND WHEREAS, following investigation of the application and consideration of the submissions of the parties concerned and for the reasons expressed in its decision Executive Air Craft Ltd., 2018 CIRB 893, the Board has found the applicant to be a trade union within the meaning of the Code, has determined that the unit proposed by the applicant is appropriate for collective bargaining and is satisfied that a majority of the employees of the employer in the unit wish to have the applicant represent them as their bargaining agent.
NOW, THEREFORE, it is ordered by the Canada Industrial Relations Board that the Public and Private Workers of Canada, Local No. 5 be, and it is hereby certified to be, the bargaining agent for a unit comprising:
all employees of Executive Air Craft Ltd. at the Vancouver International Airport, Vancouver, British Columbia, employed as Line Crew, Customer Service Representatives, and Building Maintenance staff, excluding administrative staff, pilots, members of the principal owner's immediate family and those performing management functions or employed in a confidential capacity in matters relating to industrial relations.
ISSUED at Ottawa, this 29th day of November 2018, by the Canada Industrial Relations Board.
Ginette Brazeau
Chairperson
Reference: File No. 32796-C