Dear Brothers and Sisters,
As you may be aware, the IAMAW is in the process of unionizing the GardaWorld SPMs working at the Toronto Airports, following decisions by the Canadian Industrial Relations Board (CIRB) which has already recognized this group of employees as appropriate for unionization in previous Organizing Campaigns that took place at the Vancouver and Winnipeg airports.
Unfortunately, it appeared to the IAMAW that the employer was retaliating against this organizing campaign. As such your Union initiated legal proceedings against GardaWorld. Following legal submissions filed by both parties (the IAMAW & GardaWorld) the CIRB issued the following Interim Order on October 18, 2017
WHEREAS the International Association of Machinists and Aerospace Workers (the applicant union) filed an application for certification on September 13 2017, seeking to represent a unit of Screening Point Managers at the Lester B. Pearson International Airport in Toronto, Ontario;
AND WHEREAS the Canada Industrial Relations Board (the Board) has received a complaint from the applicant union pursuant to section 97(1) of the Canada Labour Code (Par 1- Industrial Relations) (the Code) alleging that Garda Security Screening Inc. has violated sections 94(1), (3)(a), (3)(e) and 96 of the Code;
AND WHEREAS the Board has received a complaint from Garda Security Screening Inc. pursuant to section 97(1) of the Code alleging that the International Association of Machinists and Aerospace Workers has violated section 95(d) of the Code;
AND WHEREAS, the applicant union has also requested that the Board issue an interim order pursuant to section 19.1 of the Code to implement certain interim measures pending the determination of the merits of the complaints;
AND WHEREAS, the Board provided the parties with an opportunity to file full submissions and arguments on the request for an interim order;
AND WHEREAS, the Board, following consideration of the submissions of the parties concerned has determined that interim relief is necessary in order to ensure the fulfillment of the objectives of Code; …/
NOW, THEREFORE, the Board, pursuant to its powers under section 19.1 of the Code, makes the following interim orders:
(i) Garda Security Screening Inc. is to immediately reinstate Barrington Barnett, Elie Germeil, Michael John and Christopher Hasan to employment with the same terms and conditions that were in place prior to their termination or suspension until the Board makes a determination on the merits of the complaints;
(2) Garda Security Screening Inc. is to rescind its notice instructing employees not to deal with Barrington Barnett in his capacity as an elected representative of the International Association of Machinists and Aerospace Workers for the certified bargaining unit of screening officers;
(3) Garda Security Screening Inc. is to post a copy of the attached notice (Appendix A) in a conspicuous place at its establishment where it is most likely to come to the attention of Screening Point Managers working for employer.
The Notice that Garda is required to post includes the following statements:
Every employee is free to join the trade union of their choice and to participate in its lawful activities.
Employees have the right not to be discriminated against or be penalized by an employer because they seek to exercise rights under the Code.
The Board has an extensive remedial authority to counteract violations of the Code if it finds that there is merit to the unfair labour practice complaints filed with the Board.
I ask that our Garda Members stand in solidarity and support the SPMs in their right to join our GREAT UNION.
President & Directing General Chairperson
Transportation District 140, IAMAW