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

Guidance for CUPE Flight Attendants on the Right to Refuse Dangerous Work

The right to refuse dangerous work is one of your three fundamental rights as a federally regulated employee and legally it must be respected by employers. It is often your last line of defense between choosing between avoiding danger and staying healthy and safe (including exposure to a hazard or danger that could cause injury and illness) and keeping your job without fear of reprisal.

The attached document (Click HERE to view) has been developed to provide CUPE members working in the airline industry information about their right to refuse dangerous work. Relevant sections of the Canada Labour Code have been placed in text boxes, and explanatory text has been added to assist you in interpreting/understanding these sections.

In this guide you will find answers to the following questions:
Question 1: What is the difference between a refusal and a complaint?
Question 2: When can I refuse dangerous work?
Question 3: Can I refuse for someone else, or can we do a ‘group’ refusal?
Question 4: What is “danger”?
Question 5: Who do I Report a work refusal to?
Question 6: What are the steps for a work refusal?
Question 7: What if I am in flight?
Question 8: Can I be punished for refusing dangerous work?
Question 9: What if the company tells me I can’t refuse the work?
Question 10: What are some common experiences in a work refusal process?
Question 11: Will I lose my pay for refusing to perform dangerous work?
Question 12: Can the company reassign me to alternate flights?
Question 13: Can I be forced back to work after the employer or committee has investigated the work refusal?
Question 14: Can I be required to work after the government investigation?
Question 15: Is there any time when I can’t refuse dangerous work?
Question 16: What is a “normal condition of employment”?
Question 17: What is “in operation”?
Question 18: Can the company ask someone else to do the work that I am refusing?
Question 19: What if someone else is refusing dangerous work and I don’t agree with the refusal?

We all hope that we never end up in a situation where we have to refuse work due to danger. But if it does happen, or if you are involved in a flight where someone is refusing to perform dangerous work, it is important you know your rights.

Your Union understands that standing up to the company and refusing to perform dangerous work can be stressful. There are many pressures acting on you to ‘just shut the door and go’ and many people won’t want to push back against this pressure. Flight attendants are trained safety professionals. If there is any doubt about the safety of a task, it is better to bring forth your concerns rather than hoping it will all work out. You are not alone; your union is there to support you.

In Solidarity,

Wesley Lesosky
President, Air Canada Component of CUPE

COVID-19 & Reporting Health & Safety Complaints

Throughout the COVID-19 experience we have received many emails asking what we are doing to address this virus at the Health and Safety Committee level. Our answer has been consistent: “We’re doing what the reports show we should be doing. Have you filed a health and safety complaint?” The answer is almost always NO.

This needs to change.

We will not forward emails addressed to the union to the company, or screenshot social media posts. In many cases we cannot even discuss these without identifying our members. This would be a massive breach of trust and confidentiality. What’s on FB stays on FB – enjoy all the likes …

This is why we need reports. They are submitted directly to the company, so we know we can refer to them and work off of them. They’re also trackable and generate crucial stats that carry a lot more weight when recommending a change to senior management than “things we heard on FB”.

Take a few minutes to give your committees the tools they need to represent you. If you have time to post on Facebook, or Yammer, or to write an email – you have the time to file a formal report.

Here’s how to send a health and safety complaint e-report:

MAINLINE:

  • ACAeronet > Safety > Submit a report/SIMS
  • You will pass through two login screens
  • Click on the e-report tab in the top left of the screen
  • Select health and safety complaint from the menu on the right
  • A pop-up will appear
  • Remember to use your Air Canada email address
  • Before clicking “submit” verify the “set department” button just to the left and ensure IFS DEPARTMENT is selected.
  • We suggest typing the text of your complaint in a blank email so that it isn’t lost if there is a problem submitting.
  • If you are an in-charge, you may file your health and safety complaint on your iPad.
  • Your union H&S reps will be able to see your report in the safety system but send us an email to let us know you’ve submitted it with the report reference number.

ROUGE:

  • Log into Aeronet and into AQD reporting portal
  • Select an IFS Occupational Health and Safety eReport.
  • Refer to chapter 2 in your PUB for instructions
  • Ensure to provide a copy to the union by emailing health.safety@cupe4098.ca

If you’re having trouble with e-reporting reach out to us. We’ll be happy to assist and/or to put you in touch with the correct manager.

Mainline: contact@accomponent.ca
Rouge: contact@cupe4098.ca

In solidarity,

Your Air Canada Component of CUPE Health and Safety Committee

A Message From Your President

I wanted to update you again, we have been hearing from you loud and clear with regards to how you are feeling online, at home and abroad.  We are here for you, and working through all of the emails around the clock.

Below is a list of what we have proposed to Air Canada / Air Canada Rouge in regards to limiting exposure:

  • Reduction of all non-essential service to passengers on all flights
    • To date all that has been removed is Hot Towel service in j class, we need a cease of meals and drinks.  Contact is the primary issue, so that needs to end when not required.
  • Only by dealing with urgent matters eg: Medical situations, security events, regulated safety etc.
  • Be allowed to practice social distancing when possible onboard.  Non-essential crew should be removed, ADC’s and OBSMs.
  • Employer to provide all hospital grade PPE required:
    • Provide sufficient medical grade gloves for all staff in varied sizes
    • Provide multiple long sleeve isolation gowns for any pairing
    • Provide multiple N95 mask for each pairing
    • Face shield on every plane
    • Extra supplies made available at the gate, crew rooms and on board
  • Employer to ensure each flight is properly stocked for disinfecting materials while in flight.
  • No planes leave without potable water, no exceptions to this.
  • Proper disinfection of every plane, after each flight.

We will keep you apprised as discussions on this continue, we are encouraged to know the Company will look into this.

In Solidarity,

Wesley Lesosky
President, Air Canada Component of CUPE

COVID-19 & The Right To Refuse Dangerous Work

COVID-19 has resulted in a high demand for information on the right to refuse dangerous work. Please take note that work refusals are intended to be a last resort.

It is highly advised, if possible, to file a health and safety complaint and follow up via email with a manager to attempt to resolve your concern PRIOR to arriving at work. This does not reduce or remove your right to refuse dangerous work. What it does is provide the employer extra time to try to fix the issue at the root of your concern, which is beneficial to everyone.

  • You can file a health and safety complaint by logging into ACAeronet > Safety > Submit a report/SIMS at Mainline or by logging into AQD at Rouge.
  • The company may be experiencing a high volume of reports, so we suggest following up with a manager regarding your formal complaint via phone or email
  • Let the Union know

Please take note:

  • YOU NEED TO BE AT WORK TO REFUSE and it needs to be in good faith.
  • STEP 1 is between yourself and the company – As per the Canada Labour Code the Union will not be present at this stage.
  • STEP 1 does not go on indefinitely. If the company is unable to resolve your concern and you still believe you’re in danger you may move on to step 2 at which point your union H&S reps will be involved alongside their management colleagues from the joint H&S committee (see bulletin mentioned below for details).
  • NO ONE except for a safety official from Transport Canada or Employment Social Development Canada can tell you there is no danger (including making a decision about imminent or serious threat). Nor can anyone except such an official force you to go back to work.
  • You cannot be threatened or disciplined.
  • You do not lose pay (reassignment may apply)
  • You have a right to be present for every part of the investigation including any conversations with other departments and any experts.

The Union’s work refusal bulletin contains more details and can be obtained by sending a blank email to rtr@accomponent.ca. We recommend that it be consulted in conjunction with the information in your manual at the end of chapter 2.

In solidarity,

Your Air Canada Component of CUPE Health and Safety Committee