Order No.: 11747-U
IN THE MATTER OF THE
Canada Labour Code
- and -
Perimeter Aviation LP,
Winnipeg, Manitoba,
Keewatin Air LP,
Winnipeg, Manitoba,
Calm Air International LP,
Winnipeg, Manitoba,
Alliance Maintenance LP,
Winnipeg, Manitoba,
applicants,
- and -
Unifor,
International Association of Machinists
and Aerospace Workers,
certified bargaining agents.
WHEREAS the Canada Industrial Relations Board (the Board), by order no. 10274‑U dated May 22, 2012, certified the International Association of Machinists and Aerospace Workers as the bargaining agent for a unit of employees of Keewatin Air LP comprising:
all employees working for Keewatin Air LP as an Aircraft Maintenance Engineer (AME), Apprentice Aircraft Maintenance Engineer, Quality Assurance Assistant, Maintenance Crew Chief and all those working in the Maintenance Parts department, excluding office and Tech Records staff, managers and those above the rank of manager.
AND WHEREAS the Board, by order no. 11126-U dated March 27, 2017, certified Unifor as the bargaining agent for a unit of employees of Calm Air International LP comprising:
all employees of Calm Air International LP employed in its maintenance department, excluding base engineers, the chief of avionics, the maintenance training coordinator, the payroll clerk, managers and those above the rank of manager.
AND WHEREAS the maintenance employees at Perimeter Aviation LP are not represented by a bargaining agent;
AND WHEREAS, in early 2021, Perimeter Aviation LP, Keewatin Air LP and Calm Air International LP began consolidating their respective maintenance services located in Thompson, Manitoba, into Alliance Maintenance LP, a company formed for this purpose;
AND WHEREAS the Board received an application from the applicants pursuant to section 18.1 of the Canada Labour Code (the Code), seeking a declaration that, for the operations in Thompson, the current structure of two bargaining units of maintenance employees is no longer appropriate for collective bargaining and requesting a review of the bargaining unit structure;
AND WHEREAS, since August 16, 2021, the maintenance employees of Keewatin Air LP and Calm Air International LP working in Thompson have been transferred to and become employees of Alliance Maintenance LP, and since August 21, 2021, the maintenance employees of Perimeter Aviation LP working in Thompson have been transferred to and become employees of Alliance Maintenance LP;
AND WHEREAS the transferred employees now employed by Alliance Maintenance LP are intermingled;
AND WHEREAS Keewatin Air LP and Calm Air International LP continue to have maintenance employees working at locations other than Thompson and who remain subject to order nos. 10274-U and 11126-U, respectively;
AND WHEREAS, by order no. 1343-NB, superseded by order no. 1349-NB, the Board determined that a partial sale of business had occurred within the meaning of section 44 of the Code and declared Alliance Maintenance LP to be the successor employer of the transferred employees;
AND WHEREAS the applicants and certified bargaining agents had reached an agreement with respect to the appropriate bargaining unit description, and the Board, pursuant to its authority under section 45 of the Code, accepted the parties’ proposed bargaining unit as a unit appropriate for collective bargaining;
AND WHEREAS the Board ordered that a representation vote be conducted in order to ascertain whether a majority of the employees in the proposed bargaining unit wished to be represented by the International Association of Machinists and Aerospace Workers or by Unifor;
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 of the employer in the unit wish to have Unifor represent them as their bargaining agent.
NOW, THEREFORE, it is ordered by the Canada Industrial Relations Board that Unifor be, and it is hereby certified to be, the bargaining agent for a unit comprising:
all employees of Alliance Maintenance LP, excluding office staff, the quality assurance and training coordinator, the chief of avionics, managers and those above the rank of manager.
ISSUED at Ottawa, this 1st day of September 2022, by the Canada Industrial Relations Board.
Louise Fecteau
Vice-Chairperson
Reference: File No. 034499-C