Component Leadership Archives - Page 35 of 66

Layoff and Vacation

Lisa Raymond on February 5, 2021

We were recently made aware that Crew Planning was removing January 2021 vacation days from some members who were laid-off effective January 31, 2021. This was due to the fact that those members had now taken more vacation than they would have earned. To clarify, vacation allotment is taken in the year it is earned and is based on the vacation year running from May 1st to April 30th.

This would have had unintended consequences on your Insurable Earnings for EI and would have left members with a smaller than expected final paycheque with no means to “make-up” the hours that they had lost. The Company has confirmed this was done in error. Earlier today they confirmed the vacation days and associated credit(s) will be added back to your schedule and paid on your February 17, 2021 paystub. Vacation Reconciliation will then take place at the end of the Vacation Year, which is consistent with past practise and the information contained in your layoff letter.

We appreciate all of you that have written in on this, allowing your Union to raise and bring the issue forward.

In solidarity,

Staffing Update – February 3, 2021

Lisa Raymond on February 3, 2021

We were advised moments ago that Air Canada Rouge will be suspending operation effective February 8, 2021. This will result in the remaining active membership that is currently working at Rouge being placed on layoff status. As one cannot mitigate their own layoff, and there are no positions remaining at Rouge, and no one junior at Mainline, there will be no bumping or mitigations offered. More information will follow once official layoff notices are issued.

For Air Canada Mainline, at this time we have not been advised of any layoffs however there has been discussion on this and we will keep you posted once we have more information on how any staffing surplus will be dealt with at Mainline.

This further staffing surplus is a direct result of the continued restrictions placed on air travel by the Federal Government and their unwillingness to put in place a safe and reliable strategy for resuming air travel.

We understand there will be many questions, rumours, and thoughts on this. Please reach out to your Union, do not rely on rumours and please be there for one another. These are unprecedented and very challenging times.

In solidarity,

Mitigation Update 3

Lisa Raymond on February 2, 2021

The Union was advised today of the programs, attached below, that have gone out as a form of mitigation to ALL members, Mainline and Rouge, who are active or on layoff.

If you are interested in resigning or retiring from the Company, please review the attached programs that have been made available from Air Canada and Air Canada Rouge.

– Air Canada Mainline Mitigation Program
– Air Canada Rouge Mitigation Program

The Union has not been advised of the required staffing levels for the weeks and months ahead but have been updated by the company that they are currently reviewing them and will advise when they have any information to share.

In solidarity,

Interruption of Legal Crew Rest at a Layover Station (B5.05.01, Note I)

Lisa Raymond on January 29, 2021

The Union is extremely pleased to announce that we have received a positive arbitral decision from Arbitrator Elizabeth J McIntyre upholding a group grievance whereby Air Canada directly contacted crew members during their minimum legal crew rest at a layover station.

The Union argued that the Collective Agreement language in Article B5.05.01 Note I, (negotiated in the 2015 round of bargaining) is very clear, and that during the minimum legal rest period, the company cannot directly contact crew members for any reason. And furthermore, the company is only permitted to leave a silent message in the crew members’ rooms advising of any changes to their schedule during the minimum legal rest period.

The company argued that during the minimum legal rest period, they could directly call crew members 2:30 or less prior to flight departure if the 2:30 or less fell within the minimum legal rest period.

Thankfully, the arbitrator agreed with the Union’s position and upheld the grievance as follows:
“…Conclusion

After careful consideration of the evidence and the submissions and for the reasons set out above, the grievances are allowed.
I therefore declare that the Company violated the collective agreement when it directly contacted the grievors during their rest periods on September 27, 2018.
I further declare that the grievors are entitled to continuous pay for the pairing in question and applicable premiums…”

Please CLICK HERE to see the entire award for more details.

To make sure you understand your rights:
When on a layover at Mainline, and anytime during your minimum legal crew rest period, the company CANNOT directly contact you, for example: they cannot call you on your cell phone or on the hotel phone. They can only ask the hotel to leave you a silent message in your room.

We would like to especially thank our Vancouver Local President for bringing this case forward and helping us reach this incredibly successful outcome. We would also like to thank our Grievance Committee and our grievors who worked on this case which was presented on November 27, 2020.

In solidarity,

Duty Period Extension Premium and Continuous Duty Day

Lisa Raymond on January 28, 2021

The Union is extremely pleased to announce that we have received a positive arbitral decision from our Chief Arbitrator William Kaplan upholding all our grievances that involve Air Canada’s removal of the DOT premium (Duty Period Extension Premium) and CDD credits (Continuous Duty Day) from crew members who elected to remain on continuous duty day by forfeiting their right to a legal crew rest period. Air Canada was removing the DOT and CDD payments because they believed that a subsequent flight delay now gave you legal crew rest, therefore you were no longer on a continuous duty day and thus no longer entitled to the two payments.

Basically, the Union has filed numerous grievances over the past few years for Air Canada’s removal of DOT premium and CDD credits and the Arbitrator agreed with the Union as follows:

“…I find that the entitlement to the premium vests the moment a member of the cabin crew is put to the election and volunteers and, moreover, that a cabin crew member is required to attend at work unless there is a further extension after the initial election, at which time there can be further agreement to work or to claim legal rest…

Looked at somewhat differently, it is completely inconsistent with the scheme of the provision to say to a cabin crew member who arrives at the airport, having forfeited her entitlement, that the premium is lost because there is now ample time to fulfill any crew rest requirements. Whatever crew rest is, sitting at the airport awaiting a delayed departure cannot objectively qualify. Likewise, even notification immediately before departing the hotel for the airport, or a text or voicemail sent in the middle of the night (when other collective agreement provisions apply), cannot undo the entitlement that has already vested…”

Please CLICK HERE to see the entire award for more details.

To put this in simpler terms:

1. The moment a crew member elects to exceed their duty day and forgo legal crew rest, this guarantees the payment of both the DOT premium and the CDD credits. Therefore, even if the company advises you that your subsequent flight is delayed, it does not mean that you have now been provided with legal crew rest, and that is because your duty day remains continuous. This means that you are still entitled to both the payments regardless of when Air Canada advises you or you find out that your subsequent flight is delayed i.e., during the night, upon wake up, upon pick up at the hotel, or even at the airport.

2. Furthermore, if contacted to advise that your subsequent flight is delayed, at that point, since your duty day is still continuous and you are being advised that there is a further extension of your duty period, you have the right to change your decision pursuant to Article B5.02.03.03.03.

We would like to especially thank our Local Presidents for bringing these cases forward and helping us reach this incredibly successful outcome. We would also like to thank our Grievance Committee and our grievor who participated in the hearing earlier this week.

In solidarity,

Layoff and Vacation

Staffing Update – February 3, 2021

Mitigation Update 3

Interruption of Legal Crew Rest at a Layover Station (B5.05.01, Note I)

Duty Period Extension Premium and Continuous Duty Day

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