Order No.: 11728-U
IN THE MATTER OF THE
Canada Labour Code
- and -
International Association of Machinists and Aerospace Workers,
applicant,
- and -
ACI-Air Cargo Inc.,
Richmond, British Columbia,
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 ACI-Air Cargo Inc.;
AND WHEREAS the employer agrees with the proposed bargaining unit description but submits that the application must be dismissed since its operations are provincially regulated and the Board does not have jurisdiction to decide the application;
AND WHEREAS, following investigation of the application and consideration of the submissions of the parties concerned, the Board has determined that the employer’s operations fall under federal jurisdiction, as they are integral to a federally regulated undertaking;
AND WHEREAS the Board has found the applicant 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 applicant trade union represent them as their bargaining agent.
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 working for ACI-Air Cargo Inc. in the office and warehouse providing cargo services, excluding those employees at a supervisory level or above.
ISSUED at Ottawa, this 5th day of July, 2022, by the Canada Industrial Relations Board.
Ginette Brazeau
Chairperson
Reference: File No. 035761-C