Board Certifies Bargaining Agent for Fort McMurray Employees

Interim Order No.: 12181-U IN THE MATTER OF THE Canada Labour Code - and - [NAME], applicant, - and - [NAME], Mississauga, Ontario, employer. WHEREAS the [NAME] (the Board) has received an application for certification from the [NAME] (the applicant), pursuant to section 24(1) of the Canada Labour Code (the Code ), seeking certification as bargaining agent for a [NAME] of employees of the [NAME] (the employer), comprising: All employees employed by [NAME] in Fort McMurray, Alberta, excluding office and clerical. AND WHEREAS the employer opposed the application, challenging the validity and reliability of the membership evidence and arguing that the [NAME] proposed by the applicant was not appropriate for collective bargaining; AND WHEREAS the employer proposed a [NAME] that it believed was appropriate and described as follows: All employees employed by [NAME] in Fort McMurray, Alberta, excluding persons above the rank of supervisor, temporary workers and casuals. For clarity: Temporary workers are employees whose Social Insurance Number starts with a “9”. AND WHEREAS the employer also opposed the [NAME] proposed by the applicant by arguing that supervisors should be included in [NAME] because they are akin to lead hands in the work that they perform; AND WHEREAS the Board has found that there is insufficient information on file regarding the appropriateness of including supervisors in the [NAME]; AND WHEREAS the employer also opposed the [NAME] proposed by the applicant by arguing that clerical and office workers should be included in [NAME] because of the interchangeable and interdependent nature of the roles at the Fort McMurray Station and that a broader-based [NAME] is preferable; AND WHEREAS the employer also opposed the [NAME] proposed by the applicant by arguing that the casual flex drivers and temporary foreign workers should be excluded from [NAME] because they lack a community of interest with regular employees in the proposed [NAME]; AND WHEREAS , following investigation of the application and consideration of the submissions of the parties concerned, the Board has found the applicant to be a [NAME] within the meaning of the Code , has determined [NAME] described hereunder to be appropriate for collective bargaining and is satisfied that a majority of the employees of the employer in [NAME] wish to have the applicant [NAME] 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 section 20(1) of the Code , reserves its jurisdiction with respect to the final [NAME] description; AND WHEREAS the Board, pursuant to its powers under section 20(1) of the Code , and being satisfied that it can do so without prejudice to the rights of the parties concerned, deems it appropriate to issue an interim order: certifying the applicant as bargaining agent for the employees in the [NAME] described hereunder; and reserving its jurisdiction to reconsider the description of the [NAME] once it has determined the issue related to the inclusion of the supervisors. NOW, THEREFORE , it is ordered by the [NAME] that the [NAME], be, and it is hereby certified to be, the bargaining agent for a [NAME] comprising: all employees employed by the [NAME] in Fort McMurray, Alberta, excluding office and clerical employees. ISSUED at Ottawa, this 1st day of May, 2026, by the [NAME]. [NAME]-Chairperson Reference: File No. 038860-C