If Management asks to meet with you for an interview or a performance meeting, you have the right to know – ahead of time – exactly what the meeting is about, so you can prepare, and to have a Union representative attend the meeting with you.
The Collective Agreement provides excellent safeguards. You are to be provided written notice of the interview, and this notice must advise you of the “alleged misdemeanour(s)” and your right to Union representation.
Article 14.02 (Mainline) reads:
14.02 During an interview between the Company and the employee, and where disciplinary action is contemplated, or where a performance meeting is held, the employee may request the presence of a Union representative. If practicable, the Company shall provide the employee with reasonable prior notice of the interview in writing informing the employee of the alleged misdemeanour(s) and of his/her right to have a Union representative present. The Company will also, if practicable, notify the Union’s Local Base President of the interview via email.
14.02.01 Before the interview begins, Air Canada will ensure that the employee is aware of the nature of the alleged misdemeanour(s). Air Canada will permit the employee, should he or she so choose, a reasonable period of time to speak to a Union representative before the interview begins. Once the interview begins, Air Canada will provide a copy of any documentation, which may be redacted to exclude personal information, for the employee and Unions immediate review.
LOU 55.20.03 (Rouge) reads:
L55.20.03 During an interview between the Company and the Employee where disciplinary action is contemplated, or where a performance meeting is held, the Employee may request the presence of a Union representative. If practicable, the Company shall provide the Employee with reasonable prior notice of the interview in writing informing the Employee of the alleged misdemeanour(s) and of his or her right to have a Union representative present. The Company will also, if practicable, notify the Union’s Local Base President of the interview via e-mail.
L55.20.03.01 Before the interview begins, the Company will ensure that the Employee is aware of the nature of the alleged misdemeanour(s). The Company will permit the Employee, should he or she so choose, a reasonable period of time to speak to a Union representative before the interview begins. Once the interview begins, the Company will provide a copy of any documentation, which may be redacted to exclude personal information, for the Employee and Union’s immediate review.
Before you are interviewed, the Company must ensure you are aware of the nature of the alleged misdemeanour(s), and it must provide you with a reasonable period of time to speak with your Union representative before you are interviewed.
If you are asked to attend an interview, but the notice does not advise you of the “alleged misdemeanour(s)”, you (or the Union) can ask the Company to provide you with proper notice prior to you attending this meeting. A notice that contains general language such as “SOP violation” or “performance on flight ACXX”, for example, is not detailed enough to comply with Article 14.02 (Mainline) or Lou 55.20.03 (Rouge) of the Collective Agreement. Do not allow the Company to cut corners at your expense.
In a 2014 arbitration award, the Company was found to have violated Article 14.02 by providing a meeting notice that indicated a meeting to discuss “overall performance and including: Book-off February 2010”. In that case, Arbitrator Trachuk voided part of the Company’s investigation and reinstated the grievor (https://canlii.ca/t/g8gbb). In another case, a termination was voided after a Flight Attendant requested and was denied Union representation prior to an interview (https://canlii.ca/t/2cfqr).
In 2023, the Union filed a policy grievance challenging the Company’s failure to include sufficient written information relating to the misdemeanour alleged. On September 18, 2024, the grievance was unsuccessfully mediated with Chief Arbitrator Kaplan. It will be scheduled to arbitration.
From January 1, 2024 to September 1, 2024 the Union has seen over 615 meetings held with our members. We have consistently advised the Employer that there needs to be clarity for a productive interview with the member.
We will keep you posted on this important right that needs to be afforded to you as outlined in the Collective Agreement.
In Solidarity,
Wesley Lesosky
President, Air Canada Component of CUPE