days until our Collective Agreement expires, we are preparing, we are united and we will make change.

Canadians Travelling to Hong Kong

Global Affairs Canada has issued the following advisory to Canadians travelling to Hong Kong:

National security legislation for Hong Kong came into effect on June 30, 2020. Activities considered as national security violations are broadly and vaguely defined. They could include activities that would not be illegal in Canada. You risk being arbitrarily detained on national security grounds. You could be subject to transfer to mainland China for prosecution. Penalties are severe and include life imprisonment.

The Union has consulted with its own security experts regarding the People’s Republic of China (PRC) and is re-issuing certain guidelines that members ought to consider now when travelling to Hong Kong:

  • Global Affairs Canada has information and advice specific to laws and culture in Hong Kong, as well as arrest and detention policies in Mainland China.
  • Protests may be deemed illegal based on new national security legislation: Avoid all gatherings and demonstrations.
  • Any kind of activity that may be considered illegal or immoral or supportive of efforts to challenge the current political situation in Hong Kong or the PRC should be avoided as it may place you at increased risk of arrest or detention.
  • Avoid photographing government buildings and personnel, as well as locations of political or commercial significance, as this could be misinterpreted by local authorities and could place you at increased risk of arrest or detention.
  • Avoid all political conversation, especially topics that could be perceived as critical of local or Mainland government. Be mindful that certain issues considered benign back home could be considered politically disruptive and subject to the new National security law.
  • Locals have traditionally had access to a similar kind of free press and political debate that exists in Canadian media and may still be adjusting to the new legislation which may limit this in some cases. Therefore, do not assume that actions of locals are in accordance with the new national security law.
  • Never assume you have digital privacy. Exercise good “digital hygiene”, by restricting public access to personal social media accounts and clearing browser caches and history. You may consider logging out of your email and removing content or apps from devices which may be considered immoral or contrary/critical of local laws and government. Be aware of the sites that you visit and comments you make while online.
  • Chinese or Hong Kong nationals who have, or who’s family members have engaged in activities or posted messages online which could be seen to oppose Chinese leadership and/or it’s policies, or which may be critical of the current political situation in Hong Kong should be pay particular attention to their actions and activities while in Hong Kong or the PRC.

As with any other destination the Union recommends the following:

  • Visit the Global Affairs website regularly, or download the government’s Travel Smart app. The app has the added benefit of alerting you automatically when travel advisories are issued or amended for your “preferred” destinations.
  • Make sure to read your company communications to remain aware of any potential operational changes and/or safety advisories. ePub also contains excellent general travel advice.
  • Review the Union’s general layover safety and security advice (see below).
  • Understand what the Canadian government can and cannot do to assist in the event of arrest or detention in a foreign country.  It may be limited, especially for those who hold dual citizenship.
  • Know that aircrew do not hold any form of diplomatic status and aren’t guaranteed any special treatment by authorities. You are always subject to local laws, including the new national security legislation in Hong Kong.
  • Never assume that what’s considered acceptable back home will be tolerated in a foreign place. It’s always best to read up on local laws and customs. Discussing basic and important faux-pas with colleagues who are familiar with local culture prior to arrival may be helpful.
  • Never assume that a conversation held in a non-local language (e.g. French) is private.
  • Ensure to let someone from your crew know where you are when you go out or leave a note in your room. Always follow company procedures if you expect to be away from the hotel for an extended period of time.
  • If you are ever detained in a foreign place, be extremely cautious about anything you say to a lawyer assigned to you, as they may not represent what is in your best interests. Do not sign anything. Request to speak to a member from the Canadian consulate or embassy as they may not be informed automatically of your situation. They should be able to provide you with a list of trustworthy lawyers to choose from.
  • In the event of social unrest or other large-scale emergencies: Avoid crowds, tourist areas or places of political significance, follow the advice and guidance of local authorities, try to remain aware of the local news while on layover. If in doubt about any local safety issues, consulting the hotel staff can be helpful.

Your union and its many resources remain at your disposal. Please contact us should you have any questions.

Links:
https://travel.gc.ca/destinations/hong-kong
https://travel.gc.ca/mobile

For detailed layover safety and security advice:

The Union remains available by the following means depending on the circumstance:

Regular questions/concerns: contact@accomponent.ca
Time sensitive but not an emergency: 247@accomponent.ca
Emergencies (accident, major incident, denied work refusal etc.): cupe@answerplus.com

In Solidarity,

Wesley Lesosky
President, Air Canada Component of CUPE

Component Update for the Week of July 13, 2020

Below are some updates from your Component Officers on a variety of issues:

Footwear Allowance – Article 7.03.04
Many of you have reached out regarding the footwear allowance, and why some have received it and others have not.  We have confirmed with Air Canada that this will be paid out on July 17, 2020 to all members who were “actively flying” in the June 2020 block month.  If you were not actively flying, i.e.: you were on CERB/CEWS or offline for other reasons, you will not have the footwear allowance on this cheque.  Once you are recalled or return to active flying duties, you will be able to claim for the footwear allowance, and the company will pay it.

Recalls – August 2020
The Company has confirmed there will be no recalls for August 2020 at this time.

August 2020 Block Month           
Due to the extensive change in Air Canada’s flying schedule for August 2020, the Company has advised the Union that they will be changing the block month to 80:00 hours, down from 85:00.

COVID Confirmed Passengers
We have had a recent spike regarding COVID Confirmed Passengers on our flights and wanted to go over the process with everyone, so the expectations are known and understood.  Once Air Canada/Air Canada Rouge is made aware of a confirmed case onboard one of our aircrafts, they will reach out and notify each cabin crew member on the plane (operating or deadheading).  The Union is also notified, and in turn we also reach out, by email, to each member to advise them of options they have to follow the WSIB/WCB path if required, as well to ensure the Union is notified if you need any assistance or if you test positive to COVID-19.  Each case that is reported to Air Canada/Air Canada Rouge is followed up with by a group within management that ensures you are made aware.  Once you are notified, you will be removed from active duty for 14 days from the date of you being onboard the aircraft with the COVID positive passenger.  You will receive full pay protection on this.

Air Canada Rouge
We have had many members reach out with regards to Rouge flying and advertisements for Rouge.  At this time, we are not aware of any operational start-ups at Rouge.  If we receive any concrete information, we will keep the membership informed.

USA and HKG Flights
In discussions with many members, we are hearing hourly the concerns you have operating and deadheading into and through the United States, as well as to Hong Kong due to COVID testing.  The Company has advised that the same process will take place for all flights landing in and departing from the United States of America.

i) If a BLOCKHOLDER does not want to risk going to Hong Kong – HKG or the United States, can they decline to go?
If a block holder does not want to operate their pairing to HKG or the USA, Air Canada will show you as unavailable no fault (CODE 519). You can then make up the hours the same day or any other day. Your MMG (Minimum Monthly Guarantee) is waived and you will get paid what you fly for the block month.

ii) If a RESERVE does not want to risk going to Hong Kong – HKG or the United States, can they decline to go?
Reserve members will revert back to reserve status, with no MMG reduction.  Just advise the crew scheduler you are not comfortable to go, and they will not place you onto the assignment.

Your Union is available if there are any complications with this process, please email us anytime at 247@accomponent.ca.

In solidarity,

Policy Grievance – Post Duty Ground Credit

With the world changing at a fast pace there are so are many aspects of our job that prior to these challenging times were not something we had to necessarily consider.  Hong Kong has been the first to announce mandatory testing upon arrival.  This was a surprise to some, and to others expected.  We are confident that this may open the doors to further entry requirements around the globe, and with this comes more free time.

The Union sees this as a requirement while working, and hence should be paid.  This is what Article 5.08 in the Collective Agreement contemplates, any “requirement” to stay on duty past your duty period.

Policy grievance CHQ-20-12, Post Duty Ground Credit, has been filed.  Please click HERE to view the grievance form.

The Union is requesting that all members that operate to Hong Kong (HKG) and are required to submit to mandatory COVID-19 testing, fill out a ground duty claim, as per Article 5.08 (Click HERE to access the claim form).

The ground duty period should commence 15 minutes post arrival up to the time the last person has cleared the COVID-19 testing facility.

If the claim is denied, please submit it to your Local Union and it will be attached to this grievance.  Make sure to retain a copy for you and your crew’s records.

In Solidarity,

Wesley Lesosky
President, Air Canada Component of CUPE

COVID-19 Update – Hong Kong – Mandatory COVID-19 Testing Upon Arrival

The employer advised us that effective immediately all crew members arriving at the Hong Kong International Airport will be required to go through mandatory “deep throat saliva” testing.  The testing will be conducted for early detection of COVID-19 cases and to prevent local transmission.

The process is outlined below:

1. Upon passing the Port Health station, you will be issued a Notification of Medical Examination/Test.

2. Go to the coach loading area at Cheong Tat Road. Take the designated shuttle bus for crew members to the AsiaWorld-Expo (AWE).

  • As you are exempt from compulsory quarantine, you will be on a designated shuttle bus for crew members, different from other travellers. Please follow the instructions of the on-site staff for getting onto the appropriate shuttle.
  1. Go to the Temporary Specimen Collection Centre (TSCC) at AWE (designated area for crew members) to complete COVID-19 testing.
  • You will be required to provide a telephone number where Hong Kong Department of Health staff may contact you regarding your test results.
  • Note: this is a deep throat saliva specimen swab test.
  1. After the test, you may leave the TSCC and go to the crew hotel. Proceed to the loading dock car park area in West Hall where a driver from Cherry Holidays Coach Co. Ltd. Will meet you and transport you to the crew hotel. This ground transportation is provided by Air Canada.
  • You are not required to self-isolate at the crew hotel while your test results are pending.
  • Note: the process from clearing customs to completing the COVID-19 test at the AsiaWorld-Expo takes approximately 90 to 120 minutes.
  1. You do not need to wait for your test results at the TSCC.
  • It takes 20 to 72 hours to confirm the test results.
  • If your test result is positive, a Hong Kong Department of Health staff member will contact you at the number you provided.
    1. If you are in Hong Kong at the time of the telephone call, arrangements will be made for you to go to Princess Margaret Hospital or Lantau Hospital and quarantine there for 14 days.
    2. If you are in Canada when you receive the telephone call from Hong Kong Department of Health staff, you will need to quarantine for 14 days in Canada and contact the Public Health Agency of Canada to ensure proper measures are taken.
  • If your test result is negative, you will not be contacted at all by Hong Kong Department of Health.

6. You will be required to follow the mandatory COVID-19 testing process every time you operate to HKG.

7. As per Hong Kong Health Authorities, failure to comply to the testing requirement is an offence and will be liable to a fine and imprisonment.

There are many questions that have come up with regards to this, and as it can affect any member, we wanted to ensure we encompassed as much information as possible and send it out immediately.

If a BLOCKHOLDER does not want to risk going to Hong Kong – HKG, can they decline to go?
If a block holder does not want to operate their HKG pairing due to COVID testing on arrival, Air Canada will show you as unavailable no fault (CODE 519). You can then make up the hours the same day or any other day. Your MMG (Minimum Monthly Guarantee) is waived and you will get paid what you fly for the block month.

If a RESERVE does not want to risk going to Hong Kong – HKG, can they decline to go?
Reserve members will revert back to reserve status, with no MMG reduction.  Just advise the crew scheduler you are not comfortable to go, and they will not place you onto the assignment.

Will there be a change in Ground Transportation and Hotel in Hong Kong?
Upon arrival, crew will be transported to Asia World Expo (AWE) COVID testing facility.  The driver will then meet crew members at the loading dock in car park area, West Hall approximately 1 hour 30 minutes after flight arrival.  Pick-up is 1 hour and 40 minutes prior to flight departure.
As there is a Hotel Change, please check your Pairing to reflect the new hotel location and name.  Please note that you are required to wear face masks in all public areas of the hotel.

Will I be paid for having to do the mandatory testing?
The Company has advised: As it is an entry requirement for the country, you will not be paid for the testing.

Will the Union/Company be advised of the result if you test positive?
If a member tests positive, the Company may not be advised immediately by the testing facility.  Please ensure you reach out to Crew Scheduling and the Hong Kong Station Manager to advise you tested positive, we also request you contact the Union so we can ensure your credits are monitored, along with being able to offer any support required.

If someone on your crew tests positive, how will the rest of the crew that came in contact be treated?
If you do not receive a call from a Hong Kong Department of Health staff member, you will be able to operate back to your destination. Public Health determines who requires follow-up and quarantine. Once you have returned to your base, someone from IFS Management will contact you and discuss the next steps. As always, please follow all basic guidelines regarding social distancing and protective equipment while on layover such as the wearing of masks and avoiding crowded places.  In the event you are quarantined in Hong Kong please contact Crew Scheduling to advise and IFS Management will follow up with you directly. IFS Management, Crew Scheduling, and OHS will coordinate all efforts to ensure your safety while in quarantine.

If a crew member tests positive what happens?
If a crew member tests positive, they will Immediately be sent to the hospital and will be held there for 14 days.  In the event you are quarantined in Hong Kong please contact Crew Scheduling to advise and IFS Management will follow up with you directly. IFS Management, Crew Scheduling, and OHS will coordinate all efforts to ensure your safety while in quarantine.

As a reminder, please continue to practice good personal and hand hygiene, maintain social distancing, and wear your mask or face covering in public areas.

As this is a new process and may change, we will ensure to update you as more information becomes available.  We understand that these are trying times, if you have further questions, please contact your Base Management team.

In solidarity,

As A Matter Of Fact – Tip Of The Week – Medical Substantiation Requests

When an employer requests medical substantiation they cannot make blanket requests. The request must be specific to your individual circumstances. In August 2010, our Chief Arbitrator rendered a decision about this. In his decision, Arbitrator William Kaplan noted that when the employer asks for substantiation, they must provide a reason. This reason should be “related to the behaviour or circumstances of the particular employee, such as, for example, excessive absenteeism, particular attendance patterns, or a book off after a leave request is denied, etc. These reasons, related to the individual employee, must be clearly stated in the medical substantiation request.

Please reach out to your Local Office if you have any questions about substantiation of sick leave. Your knowledge of this process can serve to avoid the many pitfalls in it.