Order No.: 11378-U
Supercedes: 7256-U, 10998-U
IN THE MATTER OF THE
Canada Labour Code
- and -
Unifor,
applicant,
- and -
Perimeter Aviation LP,
Winnipeg, Manitoba,
employer,
- and -
Bearskin Lake Air Service LP (operating as Bearskin Airlines),
Winnipeg, Manitoba,
employer,
- and -
Air Line Pilots Association, International,
certified bargaining agent.
WHEREAS the Canada Labour Relations Board, by order no. 7256-U dated August 29, 1997, certified the Air Line Pilots Association as the bargaining agent for a unit of pilots of Bearskin Lake Air Service Ltd. (doing business as Bearskin Airlines);
AND WHEREAS the Canada Industrial Relations Board (the Board), by order no. 10998-U dated May 3, 2016, certified Unifor as the bargaining agent for a unit of pilots of Perimeter Aviation LP;
AND WHEREAS the Board received an application, pursuant to sections 18.1, 35, 44 and 45 of the Canada Labour Code (Part I–Industrial Relations) (the Code), seeking a declaration that a sale of business occurred when Bearskin Lake Air Service LP (operating as Bearskin Airlines) (Bearskin) merged its operations with Perimeter Aviation LP and/or a declaration that both employers are a single employer or, in the alternative, that the above-noted bargaining units be reviewed;
AND WHEREAS the business operated by Perimeter Aviation LP until December 29, 2017 was acquired by Exchange Income Corporation in May 2004;
AND WHEREAS the business operated by Bearskin until December 29, 2017 was acquired by Exchange Income Corporation in January 2011;
AND WHEREAS, in 2017, Exchange Income Corporation began to integrate Bearskin into the business of Perimeter Aviation LP;
AND WHEREAS that integration was completed on or about December 31, 2018;
AND WHEREAS Bearskin no longer exists as a separate legal entity but rather operates only as a branded airline service within Perimeter Aviation LP;
AND WHEREAS, following discussions, the parties submitted a joint request that the above-noted bargaining units be reviewed pursuant to section 18.1 of the Code and that a representation vote be conducted in order to determine whether the employees in these bargaining units wished to be represented by Unifor or the Air Line Pilots Association, International;
AND WHEREAS the parties agreed on the description of the bargaining unit;
AND WHEREAS, after investigation of the application, consideration of the submissions of the parties concerned, and noting that the operations of Bearskin and Perimeter Aviation LP have merged and that all pilots and flight operation assets of Perimeter Aviation LP and Bearskin were fully integrated and intermingled into Perimeter Aviation LP’s operations as of December 31, 2018, the Board has determined that a single consolidated bargaining unit is appropriate for collective bargaining;
AND WHEREAS, on March 21, 2019, the Board, pursuant to section 29(1) of the Code, ordered that a representation vote be conducted among the affected employees to ascertain whether these employees wished to be represented by Unifor or the Air Line Pilots Association, International;
AND WHEREAS, following the results of the representation vote held in the present matter, the Board is satisfied that a majority of the eligible voters who cast ballots wish to have the Air Line Pilots Association, International 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 Perimeter Aviation LP, excluding the Safety Compliance Officer, Pilot Training Manager, Assistant Chief Pilot and those above the rank of Assistant Chief Pilot.
FURTHERMORE, the Board, at the joint request of the parties, provides the Air Line Pilots Association, International and Perimeter Aviation LP 90 days from the date of this order to agree to new terms and conditions of employment applicable to the new bargaining unit;
AND FURTHERMORE, the Board directs that the two existing collective agreements remain in force until the ratification of a new collective agreement or the Board directs otherwise;
AND FURTHERMORE, the Board remains seized of any outstanding matters related to the implementation of this order.
ISSUED at Ottawa, this 19th day of June, 2019, by the Canada Industrial Relations Board.
Allison Smith
Vice-Chairperson
Reference: File No. 32851-C