Order No.: 11732-U
Revokes: 8973-U
IN THE MATTER OF THE
Canada Labour Code
- and -
Joseph Neill,
applicant,
- and -
Office and Professional Employees International Union,
certified bargaining agent,
- and -
Canadian Helicopters Limited,
Edmonton, Alberta,
employer.
WHEREAS the Canada Industrial Relations Board (the Board) has received an application from the applicant, pursuant to section 38(1) of the Canada Labour Code (the Code), seeking revocation of certification order no. 8973-U issued on October 18, 2005, certifying the Office and Professional Employees International Union as bargaining agent for a unit of employees of Canadian Helicopters Limited comprising:
all helicopter pilots employed by Canadian Helicopters Limited in the Emergency Medical Services (EMS) Division, excluding pilot managers and those above.
AND WHEREAS, by order no. 1332-NB issued on June 15, 2022, the Board determined that section 39(2) of the Code has no applicability in the circumstances of the present application, noted that it is the wishes of the employees that ultimately guide the Board’s decision in an application for revocation, and ordered that a representation vote be conducted to determine whether the majority of the employees in the bargaining unit no longer wished to be represented by the certified bargaining agent;
AND WHEREAS the Board, for the reasons set out in its decision in Neill, 2022 CIRB LD 4747, granted the request of the parties to amend the ballot question in the representation vote;
AND WHEREAS, following investigation of the application, consideration of the submissions of the parties concerned and the holding of a representation vote, the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to be represented by the Office and Professional Employees International Union.
NOW, THEREFORE, it is ordered by the Canada Industrial Relations Board that, pursuant to the provisions of section 39 of the Code, certification order no. 8973-U dated October 18, 2005, be revoked, and it is hereby revoked.
ISSUED at Ottawa, this 18th day of July, 2022, by the Canada Industrial Relations Board.
Allison Smith
Vice-Chairperson
Reference: File No. 035666-C