Order No.: 11468-U
IN THE MATTER OF THE
Canada Labour Code
- and -
Canadian Union of Public Employees,
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 disputes the description of the proposed bargaining unit and seeks to exclude casual employees;
AND WHEREAS, following investigation of the application and consideration of the submissions of the parties concerned, the Board was not persuaded by the employer’s arguments with respect to the bargaining unit description and has determined that the casual flight attendants share a genuine community of interest with the full-time flight attendants;
AND WHEREAS the Board has determined that casual employees should be included in the bargaining unit;
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 Canadian Union of Public Employees be, and it is hereby certified to be, the bargaining agent for a unit comprising:
all employees of PAL Airlines Ltd., employed as flight attendants, excluding managers, supervisors and those above the rank of supervisor.
ISSUED at Ottawa, this 10th day of December, 2019, by the Canada Industrial Relations Board.
Sylvie M.D. Guilbert
Vice-Chairperson
Reference: File No. 33332-C