Canada Labour Code, Parts I, II and III

Decision Information

Decision Content

Order No.: 11819-U

Supersedes: 10477-U

IN THE MATTER OF THE

Canada Labour Code

- and -

Canadian Corps of Commissionaires, Montréal Division, Inc.,

applicant,

- and -

Corps canadien des Commissionnaires (division du Québec),
Montréal, Québec,

employer,

- and -

TC Local 1976 USW,

certified bargaining agent.

WHEREAS the Canada Industrial Relations Board (the Board), by order no. 10477‑U dated September 16, 2013, certified TC Local 1976 USW as the bargaining agent for a unit of employees of the Canadian Corps of Commissionaires, Montréal Division, Inc., comprising:

all security officers licensed by the ministère de la Justice who are employees within the meaning of the Code and who work at the Montréal Pierre Elliott Trudeau International Airport and the Mirabel International Airport, excluding office personnel who work for the Montréal division, lieutenants, detachment supervisor, shift superintendents, and all ranks above lieutenants.

AND WHEREAS, on December 30, 2013, or about that date, the Corps canadien des Commissionnaires (division du Québec) merged its operations with those of the Canadian Corps of Commissionaires, Montréal Division, Inc., into one consolidated business under the name of the Corps canadien des Commissionnaires (division du Québec);

AND WHEREAS the Board has received an application from the applicant, pursuant to sections 18, 44 and 46 of the Canada Labour Code (the Code), seeking a declaration that the merger of the Canadian Corps of Commissionaires, Montréal Division, Inc.’s operations with those of the Corps canadien des Commissionnaires (division du Québec) constitutes a sale of business within the meaning of the Code and seeking to update the bargaining unit description to reflect the new name of the employer;

AND WHEREAS, following 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 the Corps canadien des Commissionnaires (division du Québec) is the successor employer.

NOW, THEREFORE, the Canada Industrial Relations Board hereby declares that TC Local 1976 USW is the bargaining agent for a bargaining unit comprising:

all security officers licensed by the ministère de la Justice who are employees within the meaning of the Code and who work at the Montréal Pierre Elliott Trudeau International Airport and the Mirabel International Airport, excluding office personnel, lieutenants, detachment supervisor, shift superintendents, and all ranks above lieutenants.

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 bargaining unit.

ISSUED at Ottawa, this 15th day of May, 2023, by the Canada Industrial Relations Board.

Ginette Brazeau
Chairperson

Reference: File No. 036280-C

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