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

COVID-19 Leaves – Canada Labour Code

As you may be aware there has been a great deal of information put out in various forms about the COVID-19 leave which is provided for under the Canada Labour Code.

On March 25, 2020, the federal government passed Bill C-13, COVID-19 Emergency Response Act, which contains measures designed to deal with the COVID-19 pandemic in Canada. Included among these measures is an amendment to the Canada Labour Code. Section 239.01(1) of the Code provides an unpaid leave of up to 16 weeks for employees who are unable or unavailable to work for reasons related to COVID-19. This leave is provided for by the Code and is outside of the terms of the leaves that are found in our Collective Agreement in Article 10 or L55.16.

We have had numerous members reach out to us to advise us of the fact that they had applied for the COVID-19 leave. Some were granted this leave; some were granted the leave and had it subsequently denied. We have consulted extensively with legal counsel and can provide the following information.

Legal counsel has advised us that Air Canada and Air Canada Rouge should grant COVID-19 leaves to eligible employees, even if they are currently inactive and receiving CEWS or CERB payments, but the leave will not protect them from layoff. Section 239.01(6) of the Canada Labour Code prohibits employers from laying off employees on a COVID-19 leave because they took the leave. This does not prohibit employers from laying off these employees for other, legitimate reasons, such as a shortage of work, as long as the provisions of the Collective Agreement are respected.

To clarify, if you bid the leave, and received the leave, the employer can not retaliate and lay you off out of sequence or unjustifiably, however they can lay you off if they follow the provisions of the Collective Agreement and it is justified.

This means that those employees who are going to continue to be active into the June 2020 block month are eligible for the COVID-19 leave should they meet the eligibility requirements.  For those of you who may be laid off, you should still be granted this leave, however as noted above, it will not insulate you from a layoff. We understand that this is not welcome news for some of our members, but please be mindful this leave was never encouraged by the Union as a form of mitigation. The mitigation options provided by Air Canada were clearly communicated by the Company.

For those of you that will be flying, or are currently flying, we have attached the terms and conditions along with the Company Q and A on the COVID leave.  Please note this is a Government initiated leave, supported by the Company and falls outside the Collective Agreement.  We encourage you to reach out to your management team if you have further questions on the application of the leave.

Thank you for all your support and multiple emails on this,

Layoff Update

Please note that the Union has reviewed the supplied lists and layoffs will be issued starting with seniority 14330.

Again, you will be officially advised by Air Canada Email of your layoff OR Mitigation Selection by 2300EST, May 29, 2020 (tonight).

Please bid accordingly.

Mitigation Awards & Layoff Notices

The Company has completed the mitigation award and results will be going out shortly. Please check your Air Canada emails. The Company had hoped to finalize the award yesterday, but once reviewed with the Union there were some concerns of members being denied 6-month Special Leaves and 4-month RBPs. Thankfully, the Company agreed on a without prejudice or precedent basis to adjust the award and all members eligible to be active for June 2020 were awarded mitigation if they bid for them.

Here are the final numbers:

Resignation 5 Mainline, 5 Rouge
Retirements 73 Mainline, 0 Rouge
4-month RBP 304 Mainline *
6-month SLOA 276 Mainline *
12-month SLOA 42 Mainline *
18-month SLOA 18 Mainline *
24-month SLOA 35 Mainline *

*The above noted are not applicable to Rouge as there is no flying awarded at this seniority level.

Following the Mitigation Program, the resulting surplus was 4,600 Active Mainline Members and 1,355 Active Rouge Members. Layoff Notices will be sent to your Air Canada email.  We will be in touch early next week with more information on the layoff provisions and recall processes found in the Collective Agreement.

For those of you awarded an RBP, please be mindful that bidding closes tomorrow morning, May 30, 2020, so you may wish to adjust your bid based on your reduced blocking window.

We know that this news is going to have a profound impact on the lives of each of you. There may be a tendency to feel alone and unsupported. We want you to remember that your Union is almost 10,000 strong and we will continue to be here for you.  We will get through this together and will emerge from this crisis wiser, determined, and focused.  We are continually available, never hesitate to reach out if you are in need.

In solidarity,

COVID-19 Leave Denials

Your Union has been made aware, through the membership, of the multiple COVID-19 Leave denials. We have reached out to legal and are reviewing this.
If you are actively working, requested a COVID-19 Leave to commence during the May block month, and were denied, please send in any denial/acceptance emails by replying to this email.
When we have more information, we will share it.
 
In solidarity,
 
Your Component Officers

Surplus Update 21

As the mitigation bid process is complete, we now move forward to the award process and then to the layoff process. We wanted to update you on a variety of issues.  We have reached out to Labour Relations on many of them to get clarity for those that have had unanswered questions.

Language Positions
We have received many emails on the current block packages and language assignments, please ensure you send these emails to your local PBS committees for review.  We understand that there are less language positions and it is notably due to the “possible” lack of language speakers post mitigations and layoff.  It is also important to note that the Collective Agreement only provides for a maximum amount of language positions, not a minimum.

Layoff
If you are a member that will be subject to layoff, your notice will be sent to your Air Canada e-mail account by May 29th at 23:00 EDT.  As previously noted, please ensure your account is set up if you have not already done so.  The Company will also send out a hard copy to your mailing address on file. Please ensure all contact information is up to date.  To update your information, you can make changes via the HR Connex Home Page under the section “Personal Information change” or contact the Employee Care Team at 1-833-847-3675. Your Union also keeps track of your contact information, please email contact@accomponent.ca with any updates.

Bidding – June 2020
Please remember to submit a PBS Bid for the June block month. Bidding closes on Saturday, May 30th at 08:00 EDT, 06:00 MDT, and 05:00 PDT.

Mitigations
Award results will be sent to your Air Canada e-mail account by May 29th at 23:00 EDT.  This will include a reference to the terms and conditions of the mitigation you are awarded. They can also be found HERE.

June 2020 Vacation
As per the recent company bulletin:

Crew members placed on voluntary or involuntary CEWS in May, with vacation overlapping the May and June block month, had their June vacation removed to avoid conflicts.

All Flight Attendants returning from May CEWS to active service in June will have their June vacation re-instated with a start date of June 7. Any portion of the vacation that fell prior to June 7 can be rescheduled elsewhere in the vacation year provided the dates could have been held in the second round of the annual vacation award.

Active crew may contact Crew Planning to reschedule outstanding vacation starting June 10, 2020.

We understand this has created a lot of confusion, and appreciate the frustration, however your vacation should be in PBS now and available for correct bidding limitations.

Uniform and Accessories
In the mitigation package, it was noted that:

“Pay cheque deductions are suspended for the duration of your layoff. If there is an outstanding balance at the time of layoff, it will be cleared on your final pay cheque. You are not required to return your uniform while on layoff.”

The Union has reached out to the employer as we see this as a financial hardship and completely unrealistic especially if they intend to call members back, and to have those members in uniform.  We are in an era where uniform perfection is considered to be mandatory, so we over order, stock up and ensure the alterations are done, using our hard-earned cash. This is not reasonable, and we hope that they reconsider their approach.

COVID-19 Leave Questions 
All COVID-19 leave questions need to go to the employer directly.  Unfortunately, we are not able to answer eligibility questions for this leave, only the employer can.  This is a Government sanctioned leave and has specific terms and conditions.

Who do you ask questions to at the company?
Many of you have reached out and were frustrated that the Company and Crew Planning have advised that questions needed to be asked through Yammer.  The Union wants to reiterate that you also have a management team that is available at all bases to offer support.  We strongly advise you to reach out directly to your manager if you have time sensitive, personal, or individual questions.  Many things posted on Yammer are broad answers and should not be relied on for your specific question.  Yammer is great to research policy items and to ask questions that are answered with a definite yes or no but is not a panacea for those with unique circumstances.

Canada Emergency Wage Subsidy (CEWS)
As you are likely aware, the CEWS program was recently extended to August 29, 2020 by the Federal Government. However, Air Canada has maintained that they will not continue the program for those they do not anticipate requiring to work in the next few months. This is unfortunate as we have it on good authority that other major airlines within Canada are most likely to provide the extension to their employees.

Your Union is always available for you.  We have amazing reps at the Local level and your Component Officers remain available around the clock.  We also have EAP, Health and Safety and Workers Compensation Reps available. Please do not hesitate to reach out and next week we will ensure that we have a Q&A aligned to answer and address questions related to layoff and recall. We know that these are challenging times and our network of Union colleagues will be there to support you.

In solidarity,