Canada Labour Code, Parts I, II and III

Order No.: 11496-U

Supercedes: 10629-U

IN THE MATTER OF THE

Canada Labour Code

- and -

Air Line Pilots Association, International,

applicant,

- and -

Morningstar Air Express Inc.,

Edmonton, Alberta,

employer,

- and -

Unifor,

certified bargaining agent.

WHEREAS the Canada Industrial Relations Board (the Board), by order no. 10629-U dated September 24, 2014, certified Unifor as the bargaining agent for a unit of employees of Morningstar Air Express Inc. comprising:

all pilots and flight engineers employed by Morningstar Air Express Inc., excluding the director of flight operations, chief pilots, chief flight engineer and training-standards co-ordinator.

AND WHEREAS 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 Morningstar Air Express Inc.;

AND WHEREAS, in its application for certification, the applicant proposed a new bargaining unit description;

AND WHEREAS the parties’ submissions confirm that changes to the bargaining unit description are necessary because there are currently no flight engineers employed by the employer;

AND WHEREAS the employer is not opposed to this application;

AND WHEREAS, following investigation of the application, consideration of the submissions of the parties concerned and the taking of a representation vote, 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 Morningstar Air Express Inc., excluding the director of flight operations, chief pilots, and training-standards co-ordinator.

ISSUED at Ottawa, this 27th day of April, 2020, by the Canada Industrial Relations Board.

 

Sylvie M.D. Guilbert

Vice-Chairperson

Reference: File No. 33568-C