There have been some members who have shown an interest in attending the Interest Arbitration hearing that your Union Executive is currently engaged in. We recently issued a bulletin outlining where we are in the cycle of bargaining and which process we are undertaking. You can find that bulletin HERE. We are grateful for the interest of our members and are pleased to see that they want to be involved and attend the arbitration hearing. We have worked through procedural issues this morning as the Union has advocated for the members to be in attendance. Arbitrator Vince Ready heard the submissions of both parties and has ordered that our members are not able to be in attendance. We will share his written decision with the membership once we receive a copy.

We were clearly hoping for a better outcome.  We want to assure everyone that your Bargaining Committee is fully invested in representing the membership at each and every turn of this process. We admit that it is frustrating to us that this is not a full round of open bargaining, however we are armed with excellent legal counsel, financial experts, CUPE National support and the wealth of knowledge, wisdom, and experience that your Bargaining Committee possesses.

Given the fact that we want to have a membership who is informed and educated, we thought this was a good opportunity to explain what Interest Arbitration is and the phase of this reopener that we are now in.

INTEREST ARBITRATION
Arbitration is a process in which a neutral third-party hears evidence presented by both the union and the employer on issues in dispute, and hands down a binding decision.

In the context of these re-openers and the  Memorandum of Agreement negotiated in 2015, Interest Arbitration establishes new conditions within a collective agreement.

In our Collective Agreement and the MOA governing this current round there are exceptions to items that may be included for Interest Arbitration.

Items which may NOT be included for Interest Arbitration are:

1. Annual Wage Increase;
2. Meal allowances;
3. Term of this Memorandum;
4. Article 2 in its entirety;
5. Pension– any aspects other than improvements to the existing defined contribution plan;
6. Job Security LOU in its entirety;
7. Flow Through LOU in its entirety; and
8. The duration of any of the collective agreements which will come into force pursuant to the Memorandum.

A maximum of 10 items that remain in dispute can be moved to interest arbitration by the Union or the Company.

COST NEUTRALITY AND EXCEPTIONS FOR ROUGE
For both Mainline and Rouge, the arbitrator will consider several things when rendering a decision about a Permissible Interest Arbitration Item, including the total cost of the proposal and its impact on total compensation. The Arbitrator will not issue an award that increases the cost of Air Canada or Air Canada Rouge’s obligations.

Exceptions to cost neutrality:
However, the following Rouge items can result in an increase in cost based on a comparison with the terms and conditions of employment of other comparable employees at Air Canada Rouge, at other low-cost carriers, or in Canada generally, and/or cost of living:

1. Benefits;
2. Sick leave for Air Canada Rouge;
3. Credits, guarantees, and premiums for Air Canada Rouge Cabin Personnel;
4. Vacation for Air Canada Rouge;
5. Article 14 (Scheduling and Planning) and 15 (Duty Period Limitations) of the Rouge LOU;
6. Any other items that the Parties agree is of mutual benefit to them.

We thank the members for their support during this time and encourage you to reach out if you have any questions about this process. Our hope is that we will make small gains during this reopener and the next and slowly build momentum and support from within the membership. When we achieve these goals and can bargain openly and fully in 2025, we will have a strong and cohesive bargaining unit.

Collectively, we will not rest until meaningful gains are made for the entire membership and your voices have been heard loud and clear.   Please stay tuned for new bulletins relating to a Bargaining Survey for the next reopener.  It is through this means that you can communicate your concerns and shortfalls that you find need improvement in our Collective Agreement. Our promise to you is that we will listen, learn and once again, move forward in the next reopener with a full understanding of what the membership needs.

In solidarity,

Your ACCEX

Bargaining Reopener 2019 Update

As a follow-up to our last bargaining update on February 1, 2022 (CLICK HERE), the Union would like to keep you informed as to our next steps.  We will now engage in Interest Arbitration this week.  We anticipate that this arbitration will be the last step in process to seek resolution and a renewal of the April 1, 2019 to March 31, 2022 Collective Agreement. This process is as outlined in the 10-Year framework MOA (CLICK HERE).  The Union and Air Canada have three days scheduled with Arbitrator Vince Ready which is commencing tomorrow.  Each party has filed detailed legal briefs.  This process is extensive and comprehensive and a culmination of many months of negotiations.  The Arbitrator will review the submissions of both parties and at an undetermined date, will render his decision.  We are hopeful there will be a portion of the proceedings where members can attend and will advise once the Arbitrator has determined the process for member participation.

We wanted to note that the framework MOA limits the proposals that can be brought forward, and specifically limits cost increases to Air Canada Mainline. During the Bargaining and Mediation phase of this re-opener the Union and Employer were able to reach agreement on a limited number of proposals. The intention of both parties is that the interest arbitration award will include those agreed to changes in addition to whatever gains are made as per the decision of the arbitrator.

Here are some highlights on items the parties have agreed to:

• Clarity that a Mainline reserve blockholder is entitled to 12 hours crew rest before/after training sessions or travel to a training session
• Provide further flexibility to Mainline reserve blockholders on the minimum number of GDOs withing PBS
• Comprehensive Proposal on Reserve at Air Canada Rouge
  • Switch to a regular blockholder and reserve blockholder framework similar to Mainline
  • Increase MMG to 80 hours for reserve blockholders
  • Ability to waive certain blocking rules regarding days off pattern for both regular and reserve blockholders
  • Increase to minimum GDOs and UDOs for reserve blockholders
  • Increase to minimum crew rest at home base for reserve blockholders
  • Elimination of ability for crew rest on layover to be reduced to nine (9) hours
• Housekeeping proposals to fix grammatical errors or omissions from previous rounds of bargaining

The Union is bringing forward four non-monetary proposals for Mainline and two monetary proposals for Air Canada Rouge. The Company is seeking a number of concessions.  Due to the sensitive nature of this type of proceeding we are limited to what information can be provided. We are seeking direction from Arbitrator Ready relating to what information can be share with the Membership.  We intend to fully educate and inform the entire membership once the decision of Arbitrator Ready has been provided to the parties.  We will provide more details as to how the process will unfold when we are able.

Bargaining Reopener 2022 Update

Further to the above noted Interest Arbitration process for the 2019 re-opener, the Union last week advised Air Canada/Air Canada Rouge of its intent to enter into bargaining for the next “Reopener” as per the Collective Agreement.  The process is the same as the current 2019 re-opener.

The Union was required to serve notice for bargaining prior to March 31, 2022. Stay tuned for next steps as we fully intend to survey the membership. It is important to your Bargaining Committee that your voices are heard.  We want to seek guidance from you on the issues that you would like to see addressed keeping in mind the limitations set out in the 10-year framework MOA.  We will not move forward with the next round of negotiations until the current round is completed.

In solidarity,

Your ACCEX

Your Bargaining Committee met last week with Air Canada and Arbitrator Vince Ready as a part of the mediation process outlined in the MOA in our Collective Agreement found HERE.  We felt that progress was being made and were fully prepared with our proposals and intentions to further the interests of the membership.

Our members have worked tirelessly throughout the pandemic and have been bearing the weight of this unprecedented roller coaster ride of uncertainty filled with disruptive passengers, service changes, and countless challenges. We felt strongly that this was an opportunity to work with Air Canada to find common ground and this could include additional gains for the membership. An agreement has not been reached however the parties will continue to communicate in an ongoing effort to reach one.

Should an agreement not be possible the next step of the re-opener process is to move forward to interest-based arbitration. This arbitration will take place under the strict confines of the 10-year framework MOA which limits which types of proposals can move forward to arbitration. In addition, the arbitrator cannot issue an award that would increase the total cost to Air Canada Mainline or Air Canada Rouge, except for certain items at Air Canada Rouge which could result in cost increases.

Despite these new challenges we remain steadfast, determined, and fully committed to this process. Your committee is working together as a harmonious and supportive group, and we feel that this cohesion is unprecedented.  Our promise is that we will not rest until we are assured that we have shown strength and demanded mutual respect through this process. As soon as we have a clear update on timelines for next steps, we will provide more information.

In solidarity,

Your ACCEX