FPSLREB Decisions

[1]   This decision concerns an application made by the Marine Communications and Traffic Services Association (MCTSA) under section 49 of the Public Service Staff Relations Act (Act) to have the Board recognize the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW), Local 2182 as its successor as the certified bargaining agent for the bargaining unit comprised of " [a]ll employees of the Employer in the Radio Operations Group as defined in Part I of the Canada Gazette of March 27, 1999" .

[2]   Section 49 of the Act provides as follows:

Successor Rights

. . .

49. (1) Where, by reason of a merger or an amalgamation of employee organizations or a transfer of jurisdiction among employee organizations, otherwise than as a result of a revocation of certification, an employee organization succeeds another employee organization that, at the time of the merger, amalgamation or transfer of jurisdiction, is a bargaining agent, the successor shall be deemed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement, arbitral award or otherwise.

(2) Where, on a merger, amalgamation or transfer of jurisdiction referred to in subsection (1), any question arises concerning the rights, privileges and duties of an employee organization under this Act or under a collective agreement or arbitral award in respect of a bargaining unit or an employee therein, the Board, on application to it by the employer or any person or employee organization concerned, shall determine what rights, privileges and duties have been acquired or are retained.

(3) Before making a determination under subsection (2), the Board may make such inquiry or direct that such representation votes be taken among the employees to be affected by the determination as the Board considers necessary, and in relation to the taking of any such vote the provisions of subsection 36(3) apply.

[3]   On December 18, 1984, the Board certified the Canadian Association of Professional Radio Operators (CAPRO) as the bargaining agent for the bargaining unit consisting of all employees of the Treasury Board in the Radio Operations Group (Technical Category) (Board file 143–2–225).

[4]   On May 19, 1999, in accordance with section 103 of the Public Service Reform Act, the Board amended the description of the bargaining unit so as to include " [a]ll employees of the Employer in the Radio Operations Group as defined in Part I of the Canada Gazette of March 27, 1999" (bargaining unit) and confirmed CAPRO as the certified bargaining agent (Board file 142–2–328).

[5]   On December 13, 2000, the Board recognized that CAPRO's name had changed to the MCTSA and amended the above-mentioned decisions accordingly (2000 PSSRB 113 (125–2–98 and 142–2–328)).

[6]   The MCTSA is certified as the bargaining agent for a single bargaining unit.

[7]   On January 25, 2001, the MCTSA informed the Board that it had merged with the CAW and now constituted Local 2182 thereof. It applied to have the Board recognize Local 2182 of the CAW as its successor and assign thereto its rights, privileges and duties as the bargaining agent for the bargaining unit. In support of its application, the MCTSA filed the following documents:

1. the MCTSA's constitution;

2. the minutes of the meeting of the MCTSA's board of directors referring to the results of a vote on the merger with the CAW;

3. the merger agreement between the MCTSA and the CAW;

4. the Constitution of the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada);

5. the proceedings of the founding convention of Local 2182 of the CAW; and

6. the minutes of the first meeting of the board of directors of Local 2182 of the CAW.

[8]   On the basis of the file before it, the Board recognizes that the MCTSA and the CAW have merged and that the MCTSA is now CAW, Local 2182, which is named " Coast Guard Marine Communications Officers" . Moreover, the Board agrees that CAW, Local 2182 is an employee organization within the meaning of section 2 of the Act.

[9]   The MCTSA has shown that a majority of the employees in the bargaining unit support the merger. The MCTSA organized a vote among its members, and 60.60% of the votes cast were in favour of the merger.

[10]   The merger agreement indicates that the MCTSA's bargaining rights in respect of the bargaining unit, and all its rights, privileges and duties under any statute or agreement, were transferred to CAW, Local 2182.

[11]   As a result of the foregoing, and without limiting the generality thereof, the Board makes the following determination:

1. CAW, Local 2182 is the MCTSA's successor; and

2. CAW, Local 2182 acquires all of the MCTSA's rights, privileges and duties under the Act or under a collective agreement or arbitral award in respect of the bargaining unit or an employee therein.

[12]   For these reasons, the application is allowed and Local 2182 is certified as the bargaining agent for the bargaining unit. Decision 2000 PSSRB 113 (125–2–98 and 142–2–328) is amended accordingly.

[13]   An amended certificate will be issued.

Yvon Tarte,
Chairperson

Ottawa, February 12, 2001.

Certified True Translation
Maryse Bernier