Canada Labour Code, Parts I, II and III

Decision Information

WestJet, an Alberta Partnership and Swoop Inc.

Collection Canada Labour Code, Parts I, II and III
Date 2019-03-08
Other citations 11359-U
File numbers 32850-C
Decision-makers Brazeau, Ginette
Decision type Bargaining Unit Order (CLCI)
BU status Final
See also See also - WestJet, an Alberta Partnership - 11139-U - 2017-05-12 - Bargaining Unit Order (CLCI)

Decision Content

Order No.: 11359-U

Supercedes: 11139-U

IN THE MATTER OF THE

Canada Labour Code

- and -

Air Line Pilots Association, International,

applicant,

- and -

WestJet, an Alberta Partnership,

Calgary, Alberta,

employer,

- and -

Swoop Inc.,

Calgary, Alberta,

employer.

WHEREAS the Canada Industrial Relations Board (the Board), by order no. 11139-U, dated May 12, 2017, certified the Air Line Pilots Association, International (ALPA or the union), as bargaining agent for a unit of employees of WestJet, an Alberta Partnership (WestJet);

AND WHEREAS Swoop Inc. (Swoop) agreed to voluntarily recognize ALPA as the bargaining agent for a unit of pilots working at Swoop;

AND WHEREAS the Board has received an application from the applicant, pursuant to sections 18 and 35 of the Canada Labour Code (Part I–Industrial Relations) (the Code), seeking a declaration that WestJet and Swoop (the employers) are a single employer and a single federal work, undertaking or business for all purposes of the Code and seeking to modify the bargaining unit description;

 AND WHEREAS the employers agree that WestJet and Swoop are associated enterprises under federal jurisdiction, operated by two employers having common control and direction;

AND WHEREAS the union and the employers agree and the Board finds that there is a valid labour relations purpose in this case that justifies granting a single employer declaration;

AND WHEREAS the Board has determined the unit described hereunder to be appropriate for collective bargaining.

NOW, THEREFORE, the Canada Industrial Relations Board declares that WestJet and Swoop are a single employer, and it is ordered that the applicant union be, and it is hereby certified to be, the bargaining agent for a unit comprising:

all pilots employed by WestJet, an Alberta Partnership and Swoop Inc., excluding managers, S3, standards crew management, chief pilot, directors, supervisors and persons above the rank of supervisor.

ISSUED at Ottawa, this 8th day of March, 2019, by the Canada Industrial Relations Board.

Ginette Brazeau

Chairperson

Reference: File No. 32850-C

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