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

Sick Leave Policies Update – Two (2) More Policy Grievances Filed

As a follow up to the bulletin we issued on June 7, 2023 regarding sick leave substantiation (CLICK HERE to view), we would like to advise you that the Union has filed two (2) more policy grievances on this matter.

CHQ-23-41, found HERE, is about the time limit the Canada Labour Code specifies regarding when employees need to provide a certificate (issued by a health care practitioner) to Air Canada to substantiate a book off.   The Canada Labour Code specifically states:

“You must provide one in writing if requested by your employer within 15 days of your return to work”.

Air Canada is asking that you provide the certificate within 10 days from book on (your return to work), which is a violation of the Canada Labour Code.

CHQ-23-42, found HERE, is about the way Air Canada is improperly calculating how many sick days you have used to support their new blanket policy of requesting notes for book offs of 5 days or more.  Air Canada is basing their request on how many calendar days you have booked off on. However our Collective Agreement clearly specifies the calculation that must be used, which is based on twenty-four hour periods or less starting from commencement of your next scheduled duty period, found in Article 9.

9.04.01 Sick Leave Charged – Where a Regular Blockholder reports unavailable for duty as a result of sickness, his/her sick leave credits shall be charged one (1) day for each period of twenty-four (24) hours or less, excluding guaranteed days off, calculated as follows:

Commencement: The commencement of the next scheduled duty period.
Termination: The actual time reported available for duty.

NOTE: An employee will be charged at least one (1) day of sick leave for each book off if the first flight in his/her cycle is missed and no other flight is operated on that day.

9.05.01 Sick Leave Charged – Where a Reserve Blockholder reports unavailable for duty as a result of sickness, his/her sick leave credits shall be charged one (1) day for each period of twenty-four (24) hours or less excluding guaranteed days off calculated as follows:

Commencement: The actual time s/he is unavailable for duty on a scheduled Reserve Duty Day.
Termination: The actual time reported available for duty.

Please reach out to your Local Office with your examples that will support our policy grievances.

In Solidarity,

Wesley Lesosky
President, Air Canada Component of CUPE

Sick Leave Substantiation Update

We have recently been advised by Air Canada Mainline that there were changes to the sick leave substantiation policies and practices.

Members have reported to us that they have been impacted by this change. They are being advised that they will be asked for a medical note if their absence is five days or more. We corresponded with the employer and gave them the case law examples found HERE to indicate past arbitral decisions asserting that they cannot make blanket substantiation requests.  It is our opinion that the case law is very clear and unambiguous. To put it simply, we do NOT agree with this change.

We will continue to address this in a proactive manner and utilize all resources available to us. In our mind this is not a demonstration of the appreciation and value that our members bring to the company. We have filed the following grievance linked HERE and will pursue it all the way to arbitration if need be. We will be reaching out to external legal counsel on this as well to ensure that we have a strategy and do not accept this inappropriate and unwarranted change in practice.

It is discouraging to see this shift.  The Canada Labour code does allow employers to make requests for substantiation in some circumstances, but it is certainly not a carte blanche and open-ended management right.  As we are all acutely aware, the medical system in Canada is under strain.   Access to physicians is limited and our hard-earned sick time should be used to rest and recover and not to be chasing increasingly rare doctor’s appointments.  We will update you as soon as we have news to provide. Please reach out to your Local Office with your examples of how this change in practice has negatively impacted you. We can use them to our advantage for legal purposes and seek a meaningful remedy.

In Solidarity,

Wesley Lesosky
President, Air Canada Component of CUPE
w.lesosky@accomponent.ca

A Message From Your Reserve & Grievance Committees

Peak holiday season was undoubtedly challenging for all of us as inclement weather created IRROPS situations across the country. In times like these, familiarity with essential concepts from the Collective Agreement is invaluable.

For reserves, the Reserve Handbook is one of the best resources available to you to become familiar with these essential concepts.  Accordingly, we have made a number of updates to the Reserve Handbook to address and further clarify some of your most frequently asked questions. You can download your copy of the latest edition of the Reserve Handbook from accomponent.ca/member-resources in your official language of choice.

For our block holders and reserves, we thought we would highlight applicable language to all members surrounding DOT and CDD.

Duty Overtime (DOT) versus Continuous Duty Day (CDD)
One very common misunderstanding from reserves and blockholders alike is the conflation of DOT and CDD re: pay premiums. While both are often connected, they are distinct concepts that we would like to expand on so that the difference between the two is clear.

Part 1: Duty Period Extension Premium (B5.02.03.03.04), also referred to as Duty Overtime (DOT),
For most of your pairings, you will have 13 hours as your domestic duty day limit and 14 hours as your overseas duty day limit, so long as your duty day starts at a crew base; there are a handful of situations that involve not being at a crew base and higher classifications of overseas pairings like B14, LOU18, LOU22A & LOU22B pairings that are the exceptions and will instead a involve a longer duty day limit.

As soon as you are projected to go over your duty day limit, B5.02.03.03 provides the guidelines for next steps, the first of which is to advise your Service Director of your decision to book crew rest or to exceed your duty day limit. Please note that regular blockholders have a third option, which is to opt for reassignment, but this is not applicable to reserves. If you choose to exceed your duty day limit, you will be entitled to a 50% pay premium paid on all flight legs and DPG (Duty Period Guarantee) involved in the duty day; this pay premium does not count toward your projected hours for the month, it is for pay purposes only and will be listed in a separate part of your monthly flight summary as a premium. You may only change your decision to “take DOT” (B5.02.03.03.03) if there is a subsequent further extension of the duty period (most typically due to a longer posted delay). The Service Director will advise the Captain and Crew Scheduling of your decision in each case.

In the event that you involuntarily exceed your duty day limitation in-flight (the most common way this happens is when your final flight leg goes over its scheduled length and pushes you past your duty day limitation in the process) you should automatically have DOT added to your duty day. It is a good practice to check this.  Please see previously issued bulletin that provides more information about automatic DOT by clicking HERE.

To ensure that you have had DOT encoded into your duty day, open up globe, go to the crew list for each flight involved, and look beside Role to see if DOT is written there. As long as that’s there, you’re all set! If not, give Crew Scheduling a call to have it remedied, and if the scheduler is not receptive then follow up with your local to investigate at the termination of your pairing.

Part 2: Continuous Duty Day (CDD)
To understand what a continuous duty day is, it’s first crucial to understand what a standard duty day is and what legal crew rest entails.

B5.02 in the Collective Agreement establishes the definition of a duty period (aka a duty day). A duty period begins at check-in; this is usually one hour prior to scheduled departure with the exception of widebody pairings, which have varying additional times in advance of one hour depending on the aircraft type, whether you are at home base, and sometimes the destination (e.g. DEL). The exception to this is for deadheaders, whose duty days start at 30 minutes prior to scheduled departure time when at home base and at the scheduled departure time when away from home base. A duty period ends at check-out; this is 15 minutes after actual arrival time at a layover station or home base, with the exception of deadheaders, whose duty days end at the actual arrival time at a layover station or home base.

When you are away from home base and your duty day is projected to exceed the limitation, whether your original pairing was a turn or involved a layover, if your duty day is not broken by a legal rest period it becomes continuous. Before we get into the implications of this, let’s explain what a legal rest period away from home base entails. B5.05 states that 10 hours is the standard minimum legal rest period at a layover station (there are few other specific exceptions to this that we won’t get into in this post). In general, CDD can occur if (i) you are on a turn, or any single duty day within a multi day pairing and your duty day ends up exceeding the duty day limitation, or,  (ii) have a scheduled layover and end up having less than 10 hours of crew rest at a layover station.  We would like to focus on the second (ii) scenario involving a scheduled layover and describe the implications of this for your schedule.

When two previously separated standard duty days are combined into one continuous duty day instead, it is as if you never checked out of the first of those two duty days at the layover station. This means that you are on duty from the check-in time on the first of the two duty days until check-out time on the second of the two duty days. Why is this important?

There are two reasons. First, one of the greatest gains we achieved in previous contract negotiations was a rule known as Duty Day Minus Four (DD-4). Found in Article 6.03.02 in the Collective Agreement, this rule states that you must receive a credit for pay and flight time limitations of no less than the greater of a minimum of four (4) hours, or, the greater of the scheduled or actual duty period minus four hours (DD-4). When two standard duty days have become one continuous duty day, you now have one significantly longer duty day, for which you would take your new total time on duty, subtract four hours from it, and that’s what you must receive in flight/pay credit.

The second reason involves the previously explained principle of DOT. For example, if your one continuous duty day happens to exceed 13 hours (if domestic) or 14 hours (if overseas), you are also entitled to receive the 50% DOT pay premium if you have chosen to remain on duty (or if you involuntarily exceeded it) as explained in Part 1 above.

Note: when you are projected to have a continuous duty day you are entitled to have your Service Director request an extension of your rest period to reach the minimum legal limit so that you have two standard duty days. If Crew Scheduling does not extend your rest period in the context of CDD, you are not required to remain on duty if your continuous duty day is projected to exceed your absolute duty day limit (see B5.05.04). In other words, you can book crew rest.

Conclusion
It is important to note that CDD is not a pay premium in and of itself; rather, it creates further projected hours in your block month. You can see when doing the math of combining two previously separate standard duty days that DOT can be a natural by-product of CDD, but that does not make them one and the same; DOT is a pay premium that is often coupled with CDD.

We hope this helps to explain these two interlinked but different concepts more clearly.

As always, your Component Committees are here to assist when running into challenges around the Collective Agreement and understanding the parameters within, please never hesitate to reach out.

Happy travels!

In solidarity,

Jesse Matthews
Chair, Component Reserve Committee

Carmela Iermieri
Chair, Component Grievance Committee

Arbitration Award – Individual/group grievances dismissed by Arbitrator

In grievances filed between 2017 and 2019 (YYZ-SG-17-69, YVR-17-118, YYZ-SG-18-11, and YYZ-SG-19-47) the Union alleged that Air Canada did not provide appropriate crew rest at layover stations after short-range flight legs that were added to long-range extension pairings after departure.  In these cases, the short-range flight legs were added in two circumstances: to reserve pairings, and to regular pairings in which flights were diverted.

The Union’s position was that Air Canada must provide long-range crew rest of 18-24 hours after each flight leg in a pairing scheduled under the Collective Agreement’s long-range extension provisions (Articles B14, L18, and L22), including after short-range flight legs later added to the pairing.

Unfortunately, Chief Arbitrator Kaplan dismissed the Union’s grievances.  Click HERE to view the award.  Although such pairings must be scheduled in accordance with the Collective Agreement’s long-range extension provisions, the Chief Arbitrator found that where an Article B5 short-range flight leg is permissibly added to such a pairing, the crew rest on layover following that flight leg is governed by Article B5, which provides for only 10-12 hours of rest.

The Collective Agreement still requires Air Canada to comply with strict scheduling rules for long-range extension pairings under Articles B14, L18, and L22.  Further, the circumstances in which Air Canada can add short-range flights to long-range extension pairings remain limited by the Collective Agreement.  The Union will continue to monitor Air Canada’s practices regarding long-range extension pairings and file further grievances as appropriate.

In Solidarity,

Your Component Grievance Committee

Grievance Update – CHQ-19-54 – Abuse of Management Rights (PBS and Language Assignment)

The Union filed a grievance in 2019 as a result of Air Canada’s failure to respect the intent of PBS with respect to seniority rights in relation to those with languages. (Click HERE to see grievance form)

The grievance proceeded to Arbitration on September 28, 2022 before Arbitrator Flaherty.  We are happy to advise you that on November 7, 2022, Arbitrator Flaherty released her award which allowed the grievance.   No remedy was provided through her award and she remitted the matter of remedy back to the parties.  An excerpt from her award is included below.  (Click HERE to see the full award)

“The grievance is allowed. For the reasons provided, I find that determining route language requirements is within the Company’s management rights. There is no basis to conclude that it has exercised these management rights unreasonably. However, in assigning up to 40% of positions to route language-qualified crew, the Company must respect those employees’ seniority rights. Rather than imposing language coverage awards on the most junior qualified crew member as required by article B4.02.02.04 of the collective agreement, the PBS imposes these awards on block holders, who tend to be the more senior employees. The Company has violated the collective agreement by failing to properly consider seniority in assigning language coverage awards.

In the circumstances, it is appropriate to remit the issue of remedy to the parties. I remain seized in the event the parties are unable to resolve the remedial issues. The fact that it may be difficult to find a software solution should not prevent the parties from exploring this and other solutions, nor does not absolve the Company from its obligation to comply with the collective agreement.”

In Solidarity,

Wesley Lesosky
President, Air Canada Component of CUPE