Order No.: 11554-U
Supercedes: 8108-U, 11329-U
IN THE MATTER OF THE
Canada Labour Code
- and -
Bradley Air Services Limited, carrying on business as First Air,
Kanata, Ontario,
Canadian North Inc.,
Calgary, Alberta,
applicants,
- and -
Canadian Air Line Dispatchers Association,
certified bargaining agent.
WHEREAS the Canada Industrial Relations Board (the Board), by order no. 8108‑U dated December 4, 2001, certified the Canadian Air Line Dispatchers Association as the bargaining agent for a unit of employees of Bradley Air Services Limited, carrying on business as First Air comprising:
all dispatchers employed by Bradley Air Services Limited, carrying on business as First Air, excluding the Chief Dispatcher and those above.
AND WHEREAS the Board, by order no. 11329‑U dated October 25, 2018, certified the Canadian Air Line Dispatchers Association as the bargaining agent for a unit of employees of Canadian North Inc. comprising:
all qualified dispatchers employed by Canadian North Inc., excluding the manager of flight dispatch.
AND WHEREAS, on September 28, 2018, a share purchase agreement was signed for the sale of Canadian North Inc. to Bradley Air Services Limited, carrying on business as First Air;
AND WHEREAS, since July 9, 2019, or about that date, the employees in the bargaining unit described hereunder, who previously worked for Canadian North Inc., are now employees of Bradley Air Services Limited, carrying on business as First Air;
AND WHEREAS, since November 1, 2019, or about that date, Bradley Air Services Limited, carrying on business as First Air, began to merge its operations with those of Canadian North Inc. into one consolidated business under the name Bradley Air Services Limited carrying on business as Canadian North;
AND WHEREAS the Board has received an application, pursuant to sections 18.1, 44 and 45 of the Canada Labour Code (the Code), seeking a declaration that the sale of Canadian North Inc. to Bradley Air Services Limited, carrying on business as First Air, constitutes a sale of business within the meaning of the Code, and requesting that the Board determine whether the employees affected by the sale constitute one or more units appropriate for collective bargaining;
AND WHEREAS the certified bargaining agent was not opposed to this application but disagreed with the description of the proposed bargaining unit;
AND WHEREAS the parties engaged in negotiations and came to an agreement on the description of the new bargaining unit structure;
AND WHEREAS, after investigation of the application and consideration of the submissions of the parties concerned, the Board has determined that a sale of business has occurred within the meaning of section 44 of the Code;
AND WHEREAS the Board is satisfied that the two existing separate bargaining units are no longer appropriate for collective bargaining and accepts the parties’ proposed bargaining unit structure.
NOW, THEREFORE, the Canada Industrial Relations Board declares that a sale of business has occurred within the meaning of the Code, that Bradley Air Services Limited carrying on business as Canadian North is the successor employer and that the Canadian Air Line Dispatchers Association continues to be the certified bargaining agent for a bargaining unit comprising:
all dispatchers employed by Bradley Air Services Limited carrying on business as Canadian North, excluding the chief dispatcher and those above.
FURTHERMORE, the Board will remain seized of this matter while the parties are negotiating a collective agreement for the newly merged bargaining unit and may, where appropriate, determine any question that arises as a result of this order pursuant to section 18.1(3) of the Code.
ISSUED at Ottawa, this 3rd day of November, 2020, by the Canada Industrial Relations Board.
Ginette Brazeau
Chairperson
Reference: File No. 33336-C