CHQ-21-13 – Cease and Desist Motion
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COVID-19 has grounded much of the airline industry for over a year. Canada has been fortunate to receive increased supply of COVID-19 vaccines and has accelerated second doses for individuals choosing to get vaccinated.
CUPE’s Airline Division would like to survey its members to see if members are getting vaccinated. This information will give us an idea of what types of issues may arise for our airline locals (ex: employer vaccination policies, accommodation requests, scheduling changes). This information will help the Airline Division strategize our recovery plan.
If you are interested in reading CUPE’s vaccination information you can go to:
https://cupe.ca/covid-19-vaccination-workers-rights
https://cupe.ca/covid-19-vaccines-frequently-asked-questions
Please note that this survey is completely voluntary. You may choose to exit the survey at any time and not submit your answers. This survey is anonymous and there is no data collected that can link a response to an individual.
You can access the survey here:
https://survey-sondage.cupe.ca/index.php/497793?lang=en
In solidarity,
Wesley Lesosky ADCP President & President Air Canada Component of CUPE |
Rena Kisfalvi ADCP Secretary-Treasurer & President CUPE Local 4055 – Sunwing |
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Dominic Levasseur President Air Transat Component of CUPE |
Kyla Elias President CUPE Local 4029 – Calm Air |
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Killian Jackson Acting President CUPE Local 4053 – Canadian North |
Kevin Beaith President CUPE Local 4058 – First Air |
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Deneen Bourque President CUPE Local 4060 – Flair Air |
Courtney Decker President CUPE Local 5451 – PAL Airlines |
Chris Rauenbusch President CUPE Local 4070 – WestJet |
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The Union wishes to advise you that a resolution has been reached for grievance CHQ-20-12 – Post Duty Ground Credit, which was filed in relation to additional ground-time incurred by cabin crew operating to Hong Kong (HKG). This is as a result of the COVID-19 testing upon arrival and waiting at the designated holding areas until all crew receive their results.
As many cabin crew have reported, this testing procedure has caused late arrivals for check-in at the hotel.
The Company and Union have signed off on the attached MOA (CLICK HERE), where the company will pay operating and deadheading cabin crew who must abide by the test and hold requirements in HKG, 1 hour and 30 minutes at their regular rate of pay for their classification applicable to the duty period, retroactive to March 20, 2021. The Company will process the retroactive payments on the next pay cheque and payment will continue going forward while the test and hold requirements are in place.
If you have any questions, please do not hesitate to reach out.
In solidarity,
The Government of Canada implemented temporary measures to ensure that federally regulated employees can take the time off work they need in the face of the current spread of COVID-19. The measures include statutory amendments to the Canada Labour Code to address significant disruptions in the workplace as a result of the pandemic.
Section 239.01(1) of the Canada Labour Code provides that “every employee is entitled to and shall be granted a leave of absence” if they are “unable or unavailable to work for reasons related to the coronavirus disease 2019 (COVID-19).” The Code provides that federally regulated employees are entitled to the following leaves:
1. Personal Leave
Federally regulated employees are entitled up to 4 weeks of job-protected unpaid leave in the event they have contracted or might have contracted COVID-19, have underlying conditions that would make them more susceptible to COVID-19 or they are self-isolating for reasons related to COVID-19 (Code, s. 239.01(1)(a)).
2. Caregiving Leave
Federally regulated employees are entitled up to 42 weeks of job-protected unpaid leave if they must care for a child under 12 years of age and/or they must care for a family member who requires supervised care due to the reasons specified in the Code (Code, s. 239.01(1)(b)).
To take a COVID-19-related leave, an employee must notify their employer in writing as soon as possible of the reason for the leave and the length of leave (Code, s. 239.01(8)). The Code does not require that employees provide a medical certificate or supporting documentation to substantiate the leave.
As federally regulated employees, members are entitled to and shall be granted a COVID-related leave of absence. Air Canada has breached its statutory obligations under the Code by denying leave to members who have notified the company of the reason for their COVID-19-related leave via the company’s “e-Leave” online kiosk. The union has learned that members receive an auto-generated response denying leave. In denying the members to their entitled leave, the company is demanding that members disclose “supporting documentation” to substantiate the leave. The union believes that the demand for documentation is unwarranted given the plain and clear language of the Code.
The union understands that the stress and anxiety that members are already experiencing because of COVID-19 is exacerbated by the company’s denial of your entitlement to COVID-19-related leave and Air Canada’s gratuitous and unjustified demands for confidential information. The union has filed a policy grievance (Click HERE to view) and is seeking a cease and desist order against the company for continuing to breach its statutory obligations under the Code and against Air Canada’s broad and excessive demands for confidential information.
If you have applied for a job-protected unpaid leave of absence due to COVID-19 and Air Canada has denied your request, please contact me by replying to this email or emailing w.lesosky@accomponent.ca.
In Solidarity,
Wesley Lesosky
President, Air Canada Component of CUPE
Airline Division Convention November 21, 2021 |
CUPE National Convention November 22 – 26, 2021 |
PLEASE NOTE: It has not yet been determined whether the convention will be held virtually or in person. That decision will be made by CUPE National on August 24, 2021.
If it is an in-person convention, it will take place at the Vancouver Convention Centre in British Columbia, and registration will begin at 11:30 AM on Sunday, November 21st. If the convention cannot be held in person, a secure virtual platform will be used, and the convention hours will be adjusted to accommodate participation by members from across our five time zones.
Air Canada Component Delegate Representation
Delegate representation at the Airline Division Convention and the CUPE Convention shall be in accordance with the CUPE Constitution. The number of delegates* for the Air Canada Component is as follows:
Local 4091 – YUL | Local President + 2 delegates | 3 |
Local 4092 – YYZ | Local President + Component Vice President + Component Secretary-Treasurer + 2 delegates | 5 |
Local 4094 – YVR | Local President + 3 delegates | 4 |
Local 4095 – YYC | Local President + 1 delegate | 2 |
Local 4098 – Rouge | Local President | 1 |
* Each Local may also elect one alternate delegate. An alternate delegate shall only be permitted on the floor of the Convention while replacing a delegate from the same chartered organization and while in possession of that delegate’s badge.
Interested in Being a Delegate?
You must collect signatures on the Delegate Nomination Paper in the Delegate package. Members wishing to be nominated must have 50 signatures or 5% of the ‘Local’ eligible voters, whichever is the lesser (see below for 5% requirements).
Local | Minimum signatures required |
4091 – YUL | 23 signatures |
4092 – YYZ | 50 signatures |
4094 – YVR | 32 signatures |
4095 – YYC | 6 signatures |
4098 – Rouge | 3 signatures |
* IMPORTANT: Due to the current COVID-19 Pandemic, and on an exceptional basis, the Component Tabulating Committee will accept electronic signatures on delegate nomination forms for the 2021 Airline Division Convention and CUPE National Convention. An electronic signature must be the member’s actual signature and not simply the member’s name typed onto the nomination form. This will allow for members not actively in the workplace to nominate a candidate for a delegate position. The nomination form must be filled out in its entirety by the candidate, signed off and dated prior to scanning for electronically received signatures. We are doing this to ensure all members have an opportunity to run, as well as ensure all members have an opportunity to collect signatures, with the COVID pandemic in place, many of you are not able to access your work sites or Union offices due to not having a RAIC.
If more Delegates apply than there are positions, an election will take place. You can download a detailed package, which includes nomination papers, from the Component website: www.accomponent.ca or by clicking HERE. If you have any questions, please email contact@accomponent.ca.
ORIGINAL signed delegate nomination papers must be received by the Component Tabulating Chairperson at 25 Belfield Road, Etobicoke, ON, M9W 1E8, no later than 16:00 EDT on August 25, 2021. Candidates must complete each Nomination Sheet in its entirety.
In Solidarity,
Your Component Tabulating Committee