CHQ-20-10 – UPDATE – Pay Equity for Rouge Flow Through Members
We have been receiving numerous inquiries about some amendments to the Labour Code and the pay inequity between Rouge and Mainline. CHQ-20-10 was filed in 2020 to address these inequities. The following is a little backgrounder on this grievance and some of the amendments to the Canada Labour Code with the introduction of Bill C86:

In response to what we considered to be an inequity in the pay structure for Rouge members the Union filed Policy Grievance CHQ-20-10. At that time a bulletin was sent out to members which said, in part:

“This Policy Grievance addresses the Company’s differential pay scale system for Mainline members who have undergone “flow-through” from Rouge. With the enhanced wage equity protections introduced by Bill C-86, and now enshrined in the Canada Labour Code, it is the Union’s position that different pay rates for members with the same seniority amount to a breach of the Code.

We understand that this information has been a long time coming, and we sincerely thank members for their patience on this particular grievance. We wanted to be certain of the merits and legal arguments in support of this issue. Having had time to review fully with legal counsel, we are confident in our position. We will keep you updated, as always.”

Keep in mind that the amendment to the CLC (s. 182.1) that relates to our policy grievance is still not in force. This amendment provides equal pay for equal work. We have been in constant communication with legal counsel about this matter. We will follow their guidance as they understand the legal landscape and can advise us accordingly. We understand how this must feel for all that find themselves in this position and are mindful of that. We will continue to actively pursue this matter  and once it is in force will prioritize our policy grievance. As with all things such as this we will keep all members informed.

NOTE: The Pay Equity Act is a different law and is encouraging that proactive pay equity obligations be imposed on the company. It is also relating to gender. According to the government:
“the Pay Equity Act implementation is an important part of the Government of Canada’s commitment to close the gender wage gap and ensure that workers receive equal pay for work of equal value. It will put into place long-term, sustainable changes that will ensure that women’s work is valued and compensated fairly, now and into the future.”

As a part of the Pay Equity Act requirements the company is must begin the process of forming a pay equity committee and develop a Pay Equity plan. The Union will be inquiring on an ongoing basis as to the status of their compliance with the act. We will also be actively engaged in the forming of a committee. It is an important process, and we believe that it will help in some way to bridge the gap for women in the workplace.

Vaccination Status – Mainline and Rouge
Some members have slowly been reaching out to advise the Union that they do not have a schedule for the November 2021 block month and are wondering why. As per the Company Policy on Vaccination, all members were required to submit proof of vaccination. If that was not done, the company informed that those not vaccinated as per the policy would be removed from the payroll. This included the ceasing of their health and dental benefits and their travel privileges. If this has happened, and you sought an accommodation and have not had a response or believe that this was done in error, please reach out to your Local Union office. The Union is following this situation closely and both the Local Unions and Component are communicating on a regular basis to ensure we are informed of any new developments.

Buy on Board Commission – Mainline 
The Company has advised the Union there was an IT issue and all members have had their commission owing corrected in Payrolls. AC Bistro commission will be paid out on your next cheque, November 17, 2021.

Bargaining Continuation – Mainline and Rouge
Your ACCEX (Air Canada Component Executive), CUPE National Staff Rep and legal advisors will be available and onsite in Toronto for the continuation of the 2019 re-opener as outlined in the Collective Agreement. This process is ongoing and as we move through it, we will keep all members updated.

Uniform Challenges
We have been advised by Air Canada Labour Relations that they are working through some uniform provision challenges related to the supply chain. We are having regular discussions on this and are working to find solutions to help alleviate this issue to the greatest extent possible.

Wage Progression – Mainline and Rouge 
We have been made aware that some members returning from layoff are being returned to the payroll at the wrong step on the wage scale, please verify that your pay rate on your paystub is accurate based on your revised service date. The period of time members spent on CEWS/CERB in the Spring of 2020 does count toward wage progression, however any period of layoff does not. If there is an issue with your current pay rate, please write to HR to have your wage rate reviewed and adjusted.

In solidarity,

We wanted to take the time to celebrate the return of our colleagues to work and to look to ahead and advise you of what we want to accomplish in the near and distant future.  Your Component Executive has been working hard throughout the pandemic to protect the interests of the membership as a whole and to ensure that Health and Safety was a primary focus.  We have had the benefit of a stellar Health and Safety Committee and are truly grateful for their tireless work. We will continue to work closely with the Health and Safety Committee and to ensure that Health and Safety is sacrosanct for all members.

The impact that the new world reality has had on each one of you cannot be understated. These reasons are varied and as diverse as our membership itself.  We are sincerely pleased that all the members to date have been recalled and those who can and want to be at work are.

Having said that there is still much work to be done.  Our Grievance Committee and its members and administrative staff have been working hard throughout the pandemic and will continue to do so. Their work is crucial to the legal aspects of the workforce, and we have made gains in many areas surrounding Collective Agreement provisions and protections. We thank them for their work and are committed to addressing violations and concerns as they arise and to use the grievance process to the extent required.

Collective Bargaining and negotiations will continue, and we have confidence that our legal counsel and unified ACCEX will result in the best possible outcome despite the constraints of the language we are working with during this reopener.

All Committees that fall under our auspices will be bolstered and will slowly be returned to pre-COVID strengths. We want to ensure that the membership has all of the resources they require to be well informed and engaged. Our committees are a big part of that. It is our belief that when the members are educated and well versed in their rights and responsibilities, we will all benefit from that collective strength.

In solidarity,

The Union is happy to announce that the Company has just advised us that there will be 448 recall notices going out shortly for Cabin Crew positions at Air Canada Mainline.  There will be no recalls to Rouge at this time.  With this recall ALL members have now been offered a recall and the Company will now be able to offer one-way base transfers, flow-through, and resume hiring.

Based on the composition of those next on the seniority list to be recalled, anyone from the Rouge Montreal (YMQ) base recalled in this group will be offered positions at the Mainline Montreal (YUL) base and anyone from the Rouge (YTO) base will be offered positions at the Mainline Toronto (YYZ) base.  Rouge members may decline this recall as it is not to their point of layoff. In addition, you will be required to return to your point of layoff (Rouge) when there is a vacancy in the future.  Mainline members will be recalled to their point of layoff.

The recalls to Mainline will take effect on November 7, 2021 for Mainline members and on November 14, 2021 for Rouge members.  You must accept your recall within 7 days, and if applicable decline your recall within 14 days. The most junior member being offered a recall has a 2021 seniority of 47265.

All members being recalled will be notified via registered letter.  Please note that due to COVID-19, there may be some delays in these letters reaching you. To compensate for this the Company will also be advising all those recalled via Company email and a courtesy phone call.  Please check your recall notice for more details. To ensure delivery of your recall response we suggest using your Air Canada email account.

As a reminder the Collective Agreement says the following about recalls:

17.16.02  An employee on laid-off status shall be notified by the applicable company, of the first available assignment either at Air Canada Mainline or at Air Canada Rouge to which his/her seniority entitles him. Failure to advise the applicable company within seven (7) calendar days of the registered postmark date of his/her desire to be considered for the assignment shall disqualify him for the assignment.

Recall notice shall be sent by registered mail to the last address filed with the company.

The Company will reach out to you via registered letter to the last address you have listed with the employer.  You have 7 calendar days to reply to the employer if you intend on accepting your recall, from the date the letter was post marked.  We have been advised that the letters will go out today, October 24, 2021.

Do I have to accept a position back to my home base?  Can I decline the recall coming back to where I was laid off from?

As per Article 17.16.04 the following is applicable:

17.16.04  If the employee is notified of a permanent assignment at the point of layoff, s/he must accept, and report for duty within fourteen (14) calendar days from the date notice was sent. An acceptance of permanent assignment at other than the point of layoff shall be optional for the individual concerned; however, should s/he accept, s/he shall report for duty within twenty-one (21) calendar days from the date of registered postmark. This time limit may be extended by Air Canada or Air Canada Rouge, as applicable, under extenuating circumstances.

Please do not hesitate to reach out to us for clarity on the process or any concerns that you may have.

In solidarity,