Order No.: 8074‑U
Supercedes: 7730‑U
IN THE MATTER OF THE
Canada Labour Code
- and -
International Association of Machinists
and Aerospace Workers,
applicant union,
- and -
Airport Terminal Services Canadian Company,
Edmonton, Alberta,
employer,
- and -
Canadian Commercial Aircraft Overhaul Inc.,
former employer.
WHEREAS the Canada Industrial Relations Board, by Order dated January 31, 2000, certified International Association of Machinists and Aerospace Workers as the bargaining agent for a unit of employees of Canadian Commercial Aircraft Overhaul Inc.;
AND WHEREAS, the Board has received an application, pursuant to section 44 of the Canada Labour Code (Part I -Industrial Relations), seeking a declaration that the sale of Canadian Commercial Aircraft Overhaul Inc. to Airport Terminal Services Canadian Company constitutes a sale of business within the meaning of the Code;
AND WHEREAS, after 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 Airport Terminal Services Canadian Company is the successor employer;
AND WHEREAS, the Board has determined that the provisions of section 44(2) of the Code apply and that International Association of Machinists and Aerospace Workers continues to be the bargaining agent of the unit of employees of Airport Terminal Services Canadian Company.
NOW, THEREFORE, it is declared by the Canada Industrial Relations Board that a sale of business has occurred within the meaning of the Code and that Airport Terminal Services Canadian Company is the successor employer, and it is ordered by the Canada Industrial Relations Board that the said Order of Certification be amended, and it is hereby amended, by:
a) deleting the name of the employer, "Canadian Commercial Aircraft Overhaul Inc.", wherever it appears therein, and by substituting therefor "Airport Terminal Services Canadian Company"; and
b) by deleting the description of the certified bargaining unit contained therein and by substituting therefor the following:
"all employees of Airport Terminal Services Canadian Company working at the Edmonton International Airport excluding supervisors, station manager, ground support equipment person."
ISSUED at Ottawa, this 9th day of July 2001, by the Canada Industrial Relations Board.
Gordon D. Hamilton
Vice‑Chairperson
Reference: File No. 21801‑C