Order No.: 11514-U
Supercedes: 7515-U, 11088-U
IN THE MATTER OF THE
Canada Labour Code
- and -
Group Association of First Air Employees,
certified bargaining agent,
- and –
Unifor,
certified bargaining agent,
- and -
Bradley Air Services Limited carrying on business as Canadian North,
Ottawa, Ontario,
employer.
WHEREAS the Canada Industrial Relations Board (the Board), by order no. 7515‑U dated February 18, 1999, certified the Group Association of First Air Employees as the bargaining agent for a unit of employees of Bradley Air Services Limited, carrying on business as First Air comprising:
all employees employed in the Maintenance Department and Planning and Projects Department of Bradley Air Services Limited, carrying on business as First Air, excluding the Auditor Quality Assurance, the Aircraft Inspector, the Supervisors, the Manager, the General Manager, the Administrative Assistant to the Director, the Director, the Senior Director and the Vice-President.
AND WHEREAS the Board, by order no. 11088-U dated January 10, 2017, certified Unifor as the bargaining agent for a unit of employees of Canadian North Inc. comprising:
all aircraft maintenance engineers and apprentices of Canadian North Inc., excluding stores, quality assurance/auditors, maintenance training manager, line maintenance manager and those above the rank of line maintenance manager.
AND WHEREAS, by order no. 1157-NB, the Board declared that a sale of business had occurred within the meaning of section 44 of the Code and that Bradley Air Services Limited carrying on business as Canadian North is the successor employer;
AND WHEREAS, the Board accepted the parties’ proposed bargaining unit structure and found a single “maintenance and engineering” bargaining unit to be appropriate for collective bargaining;
AND WHEREAS the Board ordered that a representation vote be conducted in order to ascertain whether a majority of the employees in the proposed bargaining unit wished to be represented by the Group Association of First Air Employees or by Unifor and, pursuant to section 20(1) of the Code, reserved its jurisdiction with respect to the final bargaining unit description;
AND WHEREAS the employer and the Group Association of First Air Employees have now agreed that the classification of shop floor lead hand/“supervisor-working-on-the-tools” should be excluded from the bargaining unit;
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 Group Association of First Air Employees 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 Group Association of First Air Employees represent them as their bargaining agent.
NOW, THEREFORE, it is ordered by the Canada Industrial Relations Board that the Group Association of First Air Employees be, and it is hereby certified to be, the bargaining agent for a unit comprising:
all employees employed in the Maintenance and Engineering division and all building maintenance technicians of Bradley Air Services Limited carrying on business as Canadian North, excluding buyers, desktop publishers, quality assurance auditors, administrative assistants to the Director(s), shop floor lead hand/“supervisor-working-on-the-tools”, supervisors, managers and those above.
ISSUED at Ottawa, this 25th day of June, 2020, by the Canada Industrial Relations Board.
Ginette Brazeau
Chairperson
Reference: File No. 33276-C