Order No.: 11884-U
Supersedes: 11866-U
IN THE MATTER OF THE
Canada Labour Code
- and -
Unifor,
applicant,
- and -
Porter Airlines Inc.,
Ottawa, Ontario,
employer.
WHEREAS the Canada Industrial Relations Board (the Board) received an application from the applicant, pursuant to section 24(1) of the Canada Labour Code (the Code), seeking certification as bargaining agent for a unit of employees of Porter Airlines Inc. comprising:
All employees of Porter Airlines Inc. working at Ottawa International Airport, in the classifications of Customer Service Representative, Customer Service Lead, excluding managers, persons above the rank of manager and persons covered by an existing certification order.
AND WHEREAS the employer did not agree that the proposed bargaining unit was appropriate for collective bargaining and proposed a bargaining unit comprising:
All Full-Time and Part-Time Employees of Porter Airlines Inc. working as Customer Service Representatives, Lead Customer Service Representatives and Customer Service Ambassadors at the Ottawa International Airport in Ottawa, Ontario, excluding co-op students, supervisors and those above the rank of supervisor.
AND WHEREAS the parties agreed on the inclusion of customer service ambassadors and the exclusion of the station manager and administrative coordinators but disagreed on the whether the station supervisor and co-op students should be included in or excluded from the bargaining unit;
AND WHEREAS the employer outlined its argument in support of excluding the station supervisor in its response dated April 6, 2023; the union replied to the employer’s argument on April 11, 2023, disagreeing with the exclusion of co-op students and the station supervisor; and the employer filed a sur-reply maintaining its position on April 14, 2023;
AND WHEREAS the employer inaccurately described and relied on bargaining certificates issued for its ramp attendants (Board order no. 10625-U) and customer service representatives and ambassadors (Board order no. 10674-U), both for the Billy Bishop Toronto City Airport, to support its argument that the station supervisor should be excluded from this bargaining unit;
AND WHEREAS the use of the language “part-time and full-time employees of Porter Airlines Inc. working as customer service representatives, lead customer service representatives and customer service ambassadors at the Ottawa International Airport in Ottawa, Ontario” and the inclusion of “co-op students” remained in dispute;
AND WHEREAS the employer requested that a representation vote be held to determine whether the employees in the proposed bargaining unit wanted the applicant to be the certified bargaining agent, even if the applicant had demonstrated sufficient support for the application;
AND WHEREAS, following investigation of the application and consideration of the submissions of the parties concerned, the Board determined that it was appropriate to include supervisors in the bargaining unit;
AND WHEREAS, in order no. 11866-U, the Board found the applicant to be a trade union within the meaning of the Code, determined the unit described therein to be appropriate for collective bargaining and was satisfied that a majority of the employees of the employer in the unit wished to have the applicant trade union represent them as their bargaining agent;
AND WHEREAS the Board concluded that majority support for the applicant would not be affected by its determination with respect to the positions remaining in dispute;
AND WHEREAS the Board, pursuant to its powers under section 20(1) of the Code, and being satisfied that it could do so without prejudice to the rights of the parties concerned, deemed it appropriate to issue Board order no. 11866-U certifying the applicant as bargaining agent for the employees in the bargaining unit comprising:
all employees of Porter Airlines Inc. working at the Ottawa International Airport in the classifications of customer service representative, customer service lead, customer service ambassador and station supervisor, excluding administrative coordinators, managers, those above the rank of manager and those covered by an existing certification order.
AND WHEREAS the Board, pursuant to section 20(1) of the Code, reserved its jurisdiction with respect to the final bargaining unit description and requested submissions from the parties on the remaining issues in dispute;
AND WHEREAS the parties agreed to include the language “part-time and full-time employees” in the bargaining unit and to exclude co-op students from the unit;
AND WHEREAS, following investigation of the application and consideration of the submissions of the parties concerned, and for the reasons set out in Porter Airlines Inc., 2023 CIRB LD 5202, the Board 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 Unifor be, and it is hereby certified to be, the bargaining agent for a unit comprising:
all part-time and full-time employees of Porter Airlines Inc. working at the Ottawa International Airport in the classifications of customer service representative, customer service lead, customer service ambassador and station supervisor, excluding co-op students, administrative coordinators, managers, those above the rank of manager and those covered by an existing certification order.
ISSUED at Ottawa, this 22nd day of November, 2023, by the Canada Industrial Relations Board.
Roland A. Hackl
Vice-Chairperson
Reference: File No. 036559-C