Order No.: 10298‑U
Supercedes: 8999-U
IN THE MATTER OF THE
Canada Labour Code
- and -
Syndicat des employés de CHRC 80,
9183‑9084 Québec Inc.,
applicants,
- and -
591991 B.C. Ltd.,
employer.
WHEREAS the Canada Industrial Relations Board, by order no. 8999-U dated December 2, 2005, certified the Syndicat des employés de CHRC 80 as the bargaining agent for a unit of employees of :
“all employees of 591991 B.C. Ltd., subsidiary of Corus Entertainment Inc. working at the CHRC-AM radio station in Québec, Quebec, excluding general manager and his secretary, public relations manager, programs manager, director of information, sports director, technical director, director of personnel, credit and auditing, sales manager, sales representatives and freelancers.”
AND WHEREAS, the Board has received a joint application, pursuant to sections 18, 44, 45 and 46 of the Canada Labour Code (Part I–Industrial Relations) (the Code), seeking a declaration that the sale of 591991 B.C. Ltd. to 9183‑9084 Québec Inc., on or about September 1, 2008, constitutes a sale of business within the meaning of section 44 of the Code;
AND WHEREAS, further to an agreement between the union and the successor employer, the parties agreed to amend the description of the bargaining unit and asked the Board to authorize the amendment made to the description of the aforesaid bargaining unit;
AND WHEREAS, after investigation of the application and consideration of the submissions of the parties concerned, the Board is satisfied that a sale of business has occurred within the meaning of section 44 of the Code and that 9183‑9084 Québec Inc. is the successor employer and agrees to amend the description of the bargaining unit for which the applicant union is certified;
NOW, THEREFORE, the Board declares that, pursuant to section 44(2) of the Code, the Syndicat des employés de CHRC 80 continues to be the bargaining agent of the unit of employees comprising:
"journalists and operators of CHRC‑AM in Québec, Quebec, having the status of employee of CHRC, excluding all managers in any type of position, contractors, freelancers, office and sales staff."
AND 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 unit on the date of the sale of business.
ISSUED at Ottawa, this 9th day of August, 2012, by the Canada Industrial Relations Board.
Louise Fecteau
Vice‑Chairperson
Reference: File No. 29257‑C