Interim Order No.: 11616-U
IN THE MATTER OF THE
Canada Labour Code
- and -
International Association of Machinists and Aerospace Workers,
applicant,
- and -
Voyageur Aviation Corp.,
North Bay, Ontario,
employer.
WHEREAS the Canada Industrial Relations Board (the Board) has received an application for certification from the applicant as bargaining agent for a unit of employees of Voyageur Aviation Corp., pursuant to section 24(1) of Part I (Industrial Relations) of the Canada Labour Code (the Code), comprising:
all employees of Voyageur Aviation Corp. in its Voyageur Aerotech Division engaged in maintenance functions, excluding office and administrative staff, managers and those above the rank of manager.
AND WHEREAS the employer disputes the description of the bargaining unit proposed by the applicant on various grounds and submits that it is not an appropriate bargaining unit under section 27(1) of the Code;
AND WHEREAS the parties agree that the employer should be described as “Voyageur Aviation Corp. in its Voyageur Aerotech Division” in the bargaining unit description to reflect the fact that the bargaining unit only includes the “Voyageur Aerotech Division” of the employer;
AND WHEREAS the employer requests that the bargaining unit description specify that the employees to be included are only those engaged in the performance of heavy maintenance and shop functions and the applicant proposes, alternatively, that the employees included in the unit be described as those engaged in maintenance and shop functions;
AND WHEREAS the parties do not agree on the inclusion of a geographic location in the bargaining unit description, namely whether the bargaining unit should be described as being located in North Bay, Ontario;
AND WHEREAS the employer requests that various excluded positions be enumerated in the bargaining unit description, while the applicant proposes that the excluded positions be described generally as “office and administrative staff”;
AND WHEREAS the parties do not agree on two inclusions sought by the applicant, namely the positions of shop supervisor and project supervisor, and the Board requires further information and submissions before making a final order;
AND WHEREAS the employer has requested that it be provided with a blank copy of the applicant’s membership card so that it can have an opportunity to confirm that the form of evidence submitted with the application indicates that employees who have signed the form wish to have the applicant represent them as their bargaining agent, while the applicant opposes this request on the basis that it is the Board’s statutory function to assess and verify the applicant’s membership evidence, not the employer’s;
AND WHEREAS, following investigation of the application and consideration of the submissions of the parties concerned, the Board has determined that specific reference should be made to the employer’s “Voyageur Aerotech Division” in the bargaining unit description to reflect the fact that the certification only applies to that particular division of the employer;
AND WHEREAS the Board has determined that, for the purpose of clarifying the scope of the bargaining unit, the bargaining unit description should include the terms “heavy maintenance and shop functions” based on the organizational chart on file that identifies the proposed bargaining unit as being contained under “heavy maintenance” and based on the parties’ joint agreement to include the terms “shop functions”;
AND WHEREAS the Board has determined that there are no compelling reasons to include the geographic location of North Bay, Ontario, in the bargaining unit description since, in this case, the employer does not have multiple locations that could cause confusion as to the scope of the proposed bargaining unit and since the employer operations that comprise the proposed bargaining unit are located at a sole location;
AND WHEREAS the Board has determined that the exclusions to the bargaining unit should be described by the terms “office and administrative staff,” as opposed to a list of positions, since these terms combined with the terms “heavy maintenance and shop functions” in the description of the inclusions in the bargaining unit are precise and clarify that all positions involved in heavy maintenance and shop functions, other than office and administrative staff, managers and those above the rank of manager, are included in the bargaining unit;
AND WHEREAS the Board has refused the employer’s request to be provided with a blank copy of the applicant’s membership card since:
(a) it is the Board’s statutory function to assess and verify the applicant’s membership evidence pursuant to section 28(c) of the Code and sections 30 and 31(1) of the Canada Industrial Relations Board Regulations, 2012;
(b) the Board has in place an extensive process for performing such assessment and verification, as explained in Garda Security Screening Inc., 2015 CIRB 764 (confirmed in the reconsideration decision of Garda Security Screening Inc., 2015 CIRB 793), and Dicom Transportation Group Canada, 2019 CIRB 911; and
(c) it is not the employer’s function to assess or verify the applicant’s membership evidence.
AND WHEREAS the Board has determined the unit described hereunder to be appropriate for collective bargaining;
AND WHEREAS the Board has found the applicant to be a trade union within the meaning of the Code 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;
AND WHEREAS the Board has concluded that majority support for the applicant would not be affected by the Board’s determination with respect to the two issues in dispute, namely whether the positions of shop supervisor and project supervisor should be included in or excluded from the bargaining unit;
AND WHEREAS the Board, pursuant to section 20(1) of the Code, reserves its jurisdiction with respect to the final bargaining unit description;
AND WHEREAS the Board, pursuant to its powers under section 20(1) of the Code, and being satisfied that it can do so without prejudice to the rights of the parties concerned, deems it appropriate:
(a) to certify the International Association of Machinists and Aerospace Workers as bargaining agent for the employees in the bargaining unit described hereunder; and
(b) to reserve its jurisdiction to reconsider the description of the bargaining unit once it has disposed of the questions in dispute with respect to whether the positions of shop supervisor and project supervisor should be included in or excluded from the bargaining unit.
NOW, THEREFORE, it is ordered by the Canada Industrial Relations Board that the International Association of Machinists and Aerospace Workers be, and it is hereby certified to be, the bargaining agent for a unit comprising:
all employees of Voyageur Aviation Corp. in its Voyageur Aerotech Division engaged in heavy maintenance and shop functions, excluding office and administrative staff, managers and those above the rank of manager.
ISSUED at Ottawa, this 15th day of June, 2021, by the Canada Industrial Relations Board.
Sylvie M.D. Guilbert
Vice-Chairperson
Reference: File No. 034673-C