Canada Labour Code, Parts I, II and III

Decision Information

PAL Airlines Ltd.

Collection Canada Labour Code, Parts I, II and III
Date 2019-06-13
Other citations 11408-U
File numbers 33008-C
Decision-makers Fecteau, Louise
Decision type Bargaining Unit Order (CLCI)
BU status Defunct
See also See also - PAL Airlines Ltd. - 11480-U - 2020-01-24 - Bargaining Unit Order (CLCI)

Decision Content

Order No.: 11408-U

IN THE MATTER OF THE

Canada Labour Code

- and -

Air Line Pilots Association, International,

applicant,

- and -

PAL Airlines Ltd.,

St. John’s, Newfoundland and Labrador,

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 PAL Airlines Ltd.;

AND WHEREAS the employer is opposed to the proposed bargaining unit description and asks that the positions of training captain and training captain/check pilots DASH be excluded from the bargaining unit, alleging that they are managerial positions;

AND WHEREAS, following investigation of the application, consideration of the submissions of the parties concerned and the jurisprudence of the Board in similar matters, the Board has determined that it is appropriate to exclude the positions of training captain and training captain/check pilot DASH from the bargaining unit given the managerial responsibilities of the positions;

AND WHEREAS, 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 the Air Line Pilots Association, International be, and it is hereby certified to be, the bargaining agent for a unit comprising:

all pilots employed by PAL Airlines Ltd., excluding managers, assistant chief pilots, chief pilots, directors, vice presidents, training captains, training captains/check pilots DASH, supervisors and those above the rank of supervisor.

ISSUED at Ottawa, this 13th day of June, 2019, by the Canada Industrial Relations Board.

Louise Fecteau

Vice-Chairperson

Reference: File No. 33008-C

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