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

RAMQ Benefits

Your Local and Component offices have been inundated with phone calls and emails from some members who live in the province of Quebec and have been laid off. The provincial health insurance board in the province of Quebec (RAMQ) requires residents of Quebec to maintain prescription drug coverage through a private plan if one is available to them from their employer or trade union. This requirement means that the expensive buy back option of the Air Canada extended health plan has become mandatory for some of our soon to be laid off members in Quebec. This places a heavy burden on those who are already going to be struggling to make ends meet.
 
We have requested that Air Canada and Air Canada Rouge look into offering a health plan with prescription only coverage. This would have saved these members from the higher costs associated with the extended health plan. At this time, they are unable to split out the prescription drugs from the overall health plan. Your Union has been looking into creative alternate solutions.
 
You may not be aware but the Air Canada Component of CUPE is also an employer. We have five full-time employees based in our head office in Etobicoke. As such we provide a benefits plan as part of their negotiated compensation. The Component Secretary-Treasurer, Alex Habib has been working with our benefits provider to put together a private plan for our affected members that would cover prescription drugs only.
 
Discussions are ongoing and we are hopeful we can negotiate a lower rate of insurance that in turn can then be offered to the affected members. It would also be open to any members who might be interested in prescription only coverage and have been laid off.
 
We likely will not have final details until sometime next week. We wanted to advise you that we are looking into alternate arrangements but cannot make any guarantees.
 
We appreciate how difficult the financial hurdles ahead will be for those who are laid off and are doing all we can to support you in these difficult times. We will have further updates as they become available.
 
In solidarity,

Layoff Update

On Friday many of you received your generic layoff notices from Air Canada and Air Canada Rouge. In our opinion these should have been individually addressed to you.  We are hopeful that for each of you that reached out to us on this, that you also reached out directly to the employer.  This is something we agree that needs to change, you are not a number, you are a person, and at a time like this consideration and compassion should be shown.

The following information is designed to assist you with regards to helping you navigate the policies that govern the layoffs that some of our members will face. Full details were included in your layoff notice. If you have any questions about the policies, we encourage you to reach out to the employer for clarity. Over the weekend many of you have written in with questions and we have done our best to compile some of the most common below:

Do I continue to be a Union member while on layoff status?
Yes, you are still considered a member while you retain recall rights. You may participate in membership meetings and participate in any elections/referendums that take place while you are on layoff status.

Do I apply for EI Regular Benefits or the CERB?
As you have been laid-off you should apply for EI Regular Benefits through Service Canada, which will initially be paid out as the CERB and then you will move to EI. More information can be found here or by contacting Service Canada: https://www.canada.ca/en/services/benefits/ei/ei-regular-benefit.html.

Your ROE will be sent directly to Service Canada by the employer, but you should apply as of your layoff date June 7th.

Do I need to maintain my health, dental, and life insurance benefits?
The maintaining of your benefits is optional and you do not need to extend them during your layoff unless you choose to. The only exception to this is for residents of Quebec who need to maintain drug coverage as per la Régie de l’assurance-maladie du Québec (RAMQ).  Information on the cost and process to maintain your benefits will be sent within 10 days of your official layoff. In the meantime, you maintain coverage until the end of June.

Will I maintain access to Employee Assistance Program (EAP)?
Mainline members on layoff will still have access to the Employee Assistance Program until December 31, 2020.

Do I maintain travel benefits?
While on layoff, you will be granted Air Canada personal travel privileges – including your spouse, dependent children, parents, and partners, with the exception of OAL travel. Travel is permitted for 365 days from the date of layoff.

Why are we not receiving severance pay as outline in the Labour Code?
Certain types of layoffs are not considered terminations under the Canada Labour Code.  If the layoff is for more than three months but not more than 12 months, and the employee maintains recall rights pursuant to Collective Agreement (Article 17.20), the layoff is not considered termination of employment.  Without termination of employment, there is not an entitlement to severance.

How does the recall process work?
The recall provision for both Mainline and Rouge members can be found at Article 17.16 of the Collective Agreement. Master Seniority governs recalls and you will be contacted for the first available position at either Mainline or Rouge that your seniority entitles you.  You are not forced to transfer between companies and can decline a recall if it is not to the point of layoff. Your point of layoff is your current home base at your current airline (I.e. Toronto Base at Air Canada Mainline).

Recall notices will be sent by registered mail to the address on file with the Employer.

For Mainline members please provide any changes via the HR Connex Home Page under the section “Personal Information change” or contact the Employee Care Team at 1-833-847-EMPL (3675).

For Rouge members, please provide any changes to your personal information through Success Factors https://hcm17.sapsf.com/login?company=ACLG#/login. In addition, telephone contact numbers must be updated in CrewLink.

We encourage you to reference the layoff notice you received for any further questions regarding the layoff process.

Your Union will be monitoring the seniority lists for recalls, absences and anomalies and will ensure that the Collective Agreement is adhered to for all processes.  Please continue to reach out as needed.

In extreme solidarity,

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,

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