Order No.: 11715-U
IN THE MATTER OF THE
Canada Labour Code
- and -
Teamsters Local Union No. 395,
applicant,
- and -
Transwest Air Limited Partnership operating as Rise Air,
Saskatoon, Saskatchewan,
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 (the Code) from the applicant seeking certification as bargaining agent for a unit of employees of Transwest Air Limited Partnership operating as Rise Air;
AND WHEREAS the applicant and the employer disagree on whether certain individuals should be on the employee list for the purposes of determining majority support in this application;
AND WHEREAS the employer requests the Board to conduct a representation vote due to the fact that there has been significant movement in and out of the proposed bargaining unit;
AND WHEREAS, following investigation of the membership evidence, the Board is satisfied that a majority of the employees in the bargaining unit wish to have the applicant trade union represent them as their bargaining agent and has concluded that majority support for the applicant trade union would not be impacted even when considering the movement of employees in and out of the bargaining unit;
AND WHEREAS, in this case, the Board has not been persuaded that there are valid reasons for it to exercise its discretion to deviate from its policy of assessing employee wishes based on the date of the application or to exercise its discretion to order a representation vote;
AND WHEREAS the Board has found the applicant to be a trade union within the meaning of the Code and has determined the unit described hereunder to be appropriate for collective bargaining.
NOW, THEREFORE, it is ordered by the Canada Industrial Relations Board that the Teamsters Local Union No. 395 be, and it is hereby certified to be, the bargaining agent for a unit comprising:
all licensed dispatchers and operations coordinators working for Transwest Air Limited Partnership operating as Rise Air, in Saskatoon, Saskatchewan, excluding the crew scheduler, administrative positions, human resources generalists, the senior operations coordinator, the assistant director of flight operations, supervisors, managers and those above the rank of manager.
ISSUED at Ottawa, this 22nd day of April, 2022, by the Canada Industrial Relations Board.
Ginette Brazeau
Chairperson
Reference: File No. 035600-C