Order No.: 11727-U
Supersedes: 11252-U
IN THE MATTER OF THE
Canada Labour Code
- and -
Syndicat des travailleuses et des travailleurs de NavStar Aviation–CSN,
PrimeFlight Aviation Services Canada, Inc.,
Mississauga, Ontario,
NavStar Service En Aviation Inc. and Global Aviation Services Inc.,
Mississauga, Ontario,
applicants.
WHEREAS the Canada Industrial Relations Board (the Board), by order no. 11252‑U dated April 6, 2018, declared that NavStar Service En Aviation Inc. and Global Aviation Services Inc. constituted a single employer within the meaning of section 35 of the Canada Labour Code (the Code);
AND WHEREAS the Board, by that order, declared that the Syndicat des travailleuses et des travailleurs de NavStar Aviation–CSN continued to be the bargaining agent for a unit of employees of NavStar Service En Aviation Inc. and Global Aviation Services Inc. comprising:
all employees of NavStar Service En Aviation Inc. and Global Aviation Services Inc. working at the Montréal Pierre-Elliot-Trudeau International Airport, excluding office clerks, supervisors and those above the rank of supervisor.
AND WHEREAS, in July 2021, PrimeFlight Aviation Services Canada, Inc. acquired the shares of NavStar Service En Aviation Inc. and Global Aviation Services Inc.;
AND WHEREAS the Board has received a joint application from the applicants, pursuant to sections 35 and 44 of the Code, seeking a declaration that the sale of the shares of NavStar Service En Aviation Inc. and Global Aviation Services Inc. to PrimeFlight Aviation Services Canada, Inc. constitutes a sale of business within the meaning of the Code and that NavStar Service En Aviation Inc., Global Aviation Services Inc. and PrimeFlight Aviation Services Canada, Inc. constitute a single employer within the meaning of the Code;
AND WHEREAS, since July 2021, NavStar Service En Aviation Inc., Global Aviation Services Inc. and PrimeFlight Aviation Services Canada, Inc. are interrelated and NavStar Service En Aviation Inc. and Global Aviation Services Inc. continue to operate their business;
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 that NavStar Service En Aviation Inc., Global Aviation Services Inc. and PrimeFlight Aviation Services Canada, Inc. constitute a single employer within the meaning of section 35 of the Code.
NOW, THEREFORE, the Canada Industrial Relations Board declares that a sale of business has occurred within the meaning of the Code, that PrimeFlight Aviation Services Canada, Inc. is the successor employer and that the Syndicat des travailleuses et des travailleurs de NavStar Aviation–CSN continues to be the certified bargaining agent for a bargaining unit comprising:
all employees of PrimeFlight Aviation Services Canada, Inc., Global Aviation Services Inc. and NavStar Service En Aviation Inc. working at the Montréal Pierre-Elliot-Trudeau International Airport, excluding office clerks, supervisors and those above the rank of supervisor.
FURTHERMORE, the Board declares that, pursuant to section 44(2)(c) of the Code, the parties continue to be bound by the collective agreement applicable to the unit on the date of the sale of business.
ISSUED at Ottawa, this 23rd day of June, 2022, by the Canada Industrial Relations Board.
Louise Fecteau
Vice-Chairperson
Reference: File No. 035412-C