CLC Changes – Bill C-63 & C-86
Dear Member,
As some of you may be aware the federal government has set September 1, 2019 as the coming into force date for a number of amendments to the Canada Labour Code. These amendments are contained in Bill C-63: https://www.parl.ca/
and Bill C-86: https://www.parl.ca/
Bill C-63 and C-86 are complex and contain, among other things, various changes to employment standards for Federally regulated employees which include:
· Leaves of Absence provisions
· Statutory Holiday and Vacation entitlements
· Working Conditions
Air Canada has sent out the following FAQ – CLC changes document, to view CLICK “HERE”. We have been consulting with legal counsel and our many resources to carefully analyse these changes and the potential effects they would have on the working lives of our members. It is complex and we will work carefully to ensure that we can achieve the best possible outcome for the membership.
We will keep you updated as we move through this process.
OBSM’s – Health and Well Being
Dear members,
We are following up on the many phone calls, emails and communications we have had about the ongoing OBSM assessments at Mainline.
It has become clear to the Union that our members are feeling undervalued, underappreciated and unfairly criticized and attacked by the OBSM Managers.
Some members have reported the following to the Union concerning the OBSM assessments:
“…[the OBSM Manager] did not once offer positive feedback, interfered with my job on board, made me very uncomfortable and stressed as well as making me feel underpowered and with a sense that he was bullying my colleague and there was nothing I could do about it. “
“…[the OBSM Manager] was not even there to assess me and yet I felt attacked and incompetent.”
“Lost is the vision of a rise to the top by a work force fuelled by love and devotion to their job; and sadly, replaced by a militant atmosphere of fear and intimidation.”
“A culture of fear and mistrust, and of looking over one’s shoulder now permeates our workforce. I frequently find myself reassuring fellow flight attendants who live in fear of the most minor infraction or error.”
“Air Canada is applying an extreme and invasive form of scrutiny and evaluation to its employees. No onboard conversation or customer/crew interaction goes unnoticed.”
“These tactics have more in common with a police state then with the successful airline I once knew.”
“I am appalled by its impact on the lives of my colleagues and by extension, their families. Some may never recover from careers destroyed by demotions and malicious evaluation methods not worthy of an award-winning airline. Air Canada is paying a very high price in its race to the top 10 when loyal, conscientious and caring employees, who contributed to this company’s success feel demoralised and discredited.”
We will not remain silent while our members are under attack!
The Company has targeted Flight Attendants who are on board to care for, assist, and protect the well-being and lives of our passengers as well as each other. Our members are proudly true safety professionals. We know that our members will always put safety first, but this program is creating a detriment to the end goal and harming the health and well-being of all of those involved.
This program will continue to have long-lasting negative health consequences on our members. We strongly encourage our members who feel under surveillance and intimidated to practice self-care. Please see the following link to the Canadian Mental Health association:
https://cmha.ca/programs-
It is paramount for members to take the time for self-care. If it is financially viable for you it may be appropriate to reduce your voluntary overtime (VE) hours. Remember this is time you offer up to the Company, it is not mandatory – it is optional. The Company cannot require you to do VE. We also remind members that drafting when they are on days off is, in fact, optional. You do not answer your phone if you do not want to be drafted, this is your time to recuperate and recover.
We believe that the health and well-being of our members is fundamental, and we respect your right to know what is best for your health.
Please continue to send in your comments and feedback on the OBSM program. We will be your voice with the Company. We will continue to take all measures, including legal means, to fight these continued workplace injustices.
Remember to take the time you need! Your co-workers will appreciate it, too!
Reminder the joint EAP committee is available to you anytime, contact link “here“.
Grievance Committee Update Mainline Policy Grievances
CHQ-19-05 – Unreasonable and Discriminatory Tattoo and Piercing Policy
Air Canada’s personal appearance policy prohibits cabin personnel from having visible tattoos and piercings on duty, other than one pair of matching stud earrings. The Union’s position is that these prohibitions unreasonably infringe on employees’ rights, freedoms, and interests to express themselves through their appearance. In adopting these prohibitions, Air Canada has breached the Collective Agreement, including articles 3, 14, 24, L14, and all other relevant provisions. It has also breached the Canadian Human Rights Act and all other relevant statutes and regulations. This grievance was denied at level 2 and has been scheduled for mediation on September 24, 2019.
CHQ-19-17 – Unreasonable and Discriminatory Gender-Specific Personal Appearance Policy
Air Canada maintains a gender-specific personal appearance policy. The Union’s position is that the gender-specific appearance policy (and its gender-specific prohibitions) unreasonably infringe on employees’ rights, freedoms, and interests to express themselves through their appearance. In adopting these prohibitions, Air Canada has breached the Collective Agreement, including articles 3, 14, 24, L14, and all other relevant provisions. It has also breached the Canadian Human Rights Act and all other relevant statutes and regulations. This grievance was denied at level 2 and will be scheduled for mediation sometime this fall.
CHQ-19-31 – Violation of Article 14 (OBSM Cabin Crew Program)
Air Canada has disciplined Flight Attendants without just cause and contrary to the governing principles of progressive discipline. We submit this grievance under articles/clauses 3, 14, 24, all other pertinent sections of the Collective Agreement, the Arbitrator Kaplan award on CHQ-17-38 issued January 7th, 2019, and any other relevant legislation, act, or statute. This grievance will be presented at level 2 sometime this fall.
Component Grievance Committee
Rouge – Forward Cabin Award
Dear members,
Mainline and Rouge are supposed to serve different markets. Accordingly, our Collective Agreement distinguishes between the work to be performed for Rouge, and the work to be performed for Mainline. In particular, the Collective Agreement states that Air Canada Rouge can’t offer a more enhanced onboard service in its Premium Rouge forward cabin than Mainline International PY provides.
The Union believed that the Collective Agreement was being violated by Air Canada and filed a grievance. The grievance proceeded to arbitration earlier this year.
We are pleased to report that on August 21, 2019, Arbitrator John Stout allowed the Union’s grievance. A copy of his award is included “here”.
Arbitrator Stout determined that Air Canada violated the Collective Agreement by providing enhanced service in Rouge Premium Economy as compared to Mainline. In particular, he found that the Rouge Premium Economy’s exclusive service, designated Flight Attendants, and exclusive lavatories elevated the Rouge Premium Economy Service such that it violated the Collective Agreement.
Air Canada has been ordered to address its service specifications within 60 days. The Arbitrator retains oversight over Air Canada’s compliance efforts.
We are pleased that this violation of the Collective Agreement will now be addressed.