Airline Division – COVID-19 Vaccines

COVID-19 has grounded much of the airline industry for over a year.  Canada has been fortunate to receive increased supply of COVID-19 vaccines and has accelerated second doses for individuals choosing to get vaccinated.

CUPE’s Airline Division would like to survey its members to see if members are getting vaccinated.  This information will give us an idea of what types of issues may arise for our airline locals (ex: employer vaccination policies, accommodation requests, scheduling changes).  This information will help the Airline Division strategize our recovery plan.

If you are interested in reading CUPE’s vaccination information you can go to:
https://cupe.ca/covid-19-vaccination-workers-rights
https://cupe.ca/covid-19-vaccines-frequently-asked-questions

Please note that this survey is completely voluntary.  You may choose to exit the survey at any time and not submit your answers.  This survey is anonymous and there is no data collected that can link a response to an individual.

You can access the survey here:

https://survey-sondage.cupe.ca/index.php/497793?lang=en

In solidarity,

 

Wesley Lesosky
ADCP President &
President Air Canada Component of CUPE
Rena Kisfalvi
ADCP Secretary-Treasurer &
President CUPE Local 4055 – Sunwing
Dominic Levasseur
President
Air Transat Component of CUPE
Kyla Elias
President
CUPE Local 4029 – Calm Air
Killian Jackson
Acting President
CUPE Local 4053 – Canadian North
Kevin Beaith
President
CUPE Local 4058 – First Air
Deneen Bourque
President
CUPE Local 4060 –
Flair Air
Courtney Decker
President
CUPE Local 5451 –
PAL Airlines
Chris Rauenbusch
President
CUPE Local 4070 –
WestJet

 

CHQ-20-12 – Post Duty Ground Credit – RESOLVED

The Union wishes to advise you that a resolution has been reached for grievance CHQ-20-12 – Post Duty Ground Credit, which was filed in relation to additional ground-time incurred by cabin crew operating to Hong Kong (HKG). This is as a result of the COVID-19 testing upon arrival and waiting at the designated holding areas until all crew receive their results.

As many cabin crew have reported, this testing procedure has caused late arrivals for check-in at the hotel.

The Company and Union have signed off on the attached MOA (CLICK HERE), where the company will pay operating and deadheading cabin crew who must abide by the test and hold requirements in HKG, 1 hour and 30 minutes at their regular rate of pay for their classification applicable to the duty period, retroactive to March 20, 2021. The Company will process the retroactive payments on  the next pay cheque and payment will continue going forward while the test and hold requirements are in place.

If you have any questions, please do not hesitate to reach out.

In solidarity,

CHQ-21-13 – COVID-19 Leave of Absence, CLC section 239.01(1)

The Government of Canada implemented temporary measures to ensure that federally regulated employees can take the time off work they need in the face of the current spread of COVID-19.  The measures include statutory amendments to the Canada Labour Code to address significant disruptions in the workplace as a result of the pandemic.

Section 239.01(1) of the Canada Labour Code provides that “every employee is entitled to and shall be granted a leave of absence” if they are “unable or unavailable to work for reasons related to the coronavirus disease 2019 (COVID-19).”  The Code provides that federally regulated employees are entitled to the following leaves:

1. Personal Leave
Federally regulated employees are entitled up to 4 weeks of job-protected unpaid leave in the event they have contracted or might have contracted COVID-19, have underlying conditions that would make them more susceptible to COVID-19 or they are self-isolating for reasons related to COVID-19 (Code, s. 239.01(1)(a)).

2. Caregiving Leave
Federally regulated employees are entitled up to 42 weeks of job-protected unpaid leave if they must care for a child under 12 years of age and/or they must care for a family member who requires supervised care due to the reasons specified in the Code (Code, s. 239.01(1)(b)).

To take a COVID-19-related leave, an employee must notify their employer in writing as soon as possible of the reason for the leave and the length of leave (Code, s. 239.01(8)).  The Code does not require that employees provide a medical certificate or supporting documentation to substantiate the leave.

As federally regulated employees, members are entitled to and shall be granted a COVID-related leave of absence.  Air Canada has breached its statutory obligations under the Code by denying leave to members who have notified the company of the reason for their COVID-19-related leave via the company’s “e-Leave” online kiosk.  The union has learned that members receive an auto-generated response denying leave.  In denying the members to their entitled leave, the company is demanding that members disclose “supporting documentation” to substantiate the leave.  The union believes that the demand for documentation is unwarranted given the plain and clear language of the Code.

The union understands that the stress and anxiety that members are already experiencing because of COVID-19 is exacerbated by the company’s denial of your entitlement to COVID-19-related leave and Air Canada’s gratuitous and unjustified demands for confidential information.  The union has filed a policy grievance (Click HERE to view) and is seeking a cease and desist order against the company for continuing to breach its statutory obligations under the Code and against Air Canada’s broad and excessive demands for confidential information.

If you have applied for a job-protected unpaid leave of absence due to COVID-19 and Air Canada has denied your request, please contact me by replying to this email or emailing w.lesosky@accomponent.ca.

In Solidarity,

Wesley Lesosky
President, Air Canada Component of CUPE

2021 Airline Division Convention and CUPE National Convention

Delegate Representation at the 2021 Airline Division Convention and CUPE National Convention

Airline Division Convention
November 21, 2021
CUPE National Convention
November 22 – 26, 2021

 

PLEASE NOTE: It has not yet been determined whether the convention will be held virtually or in person.  That decision will be made by CUPE National on August 24, 2021.

If it is an in-person convention, it will take place at the Vancouver Convention Centre in British Columbia, and registration will begin at 11:30 AM on Sunday, November 21st. If the convention cannot be held in person, a secure virtual platform will be used, and the convention hours will be adjusted to accommodate participation by members from across our five time zones.

Air Canada Component Delegate Representation
Delegate representation at the Airline Division Convention and the CUPE Convention shall be in accordance with the CUPE Constitution. The number of delegates* for the Air Canada Component is as follows:

Local 4091 – YUL Local President + 2 delegates 3
Local 4092 – YYZ Local President + Component Vice President + Component Secretary-Treasurer + 2 delegates 5
Local 4094 – YVR Local President + 3 delegates 4
Local 4095 – YYC Local President + 1 delegate 2
Local 4098 – Rouge Local President 1

 

* Each Local may also elect one alternate delegate.  An alternate delegate shall only be permitted on the floor of the Convention while replacing a delegate from the same chartered organization and while in possession of that delegate’s badge.

Interested in Being a Delegate?
You must collect signatures on the Delegate Nomination Paper in the Delegate package. Members wishing to be nominated must have 50 signatures or 5% of the ‘Local’ eligible voters, whichever is the lesser (see below for 5% requirements).

Local Minimum signatures required
4091 – YUL 23 signatures
4092 – YYZ 50 signatures
4094 – YVR 32 signatures
4095 – YYC 6 signatures
4098 – Rouge 3 signatures

* IMPORTANT: Due to the current COVID-19 Pandemic, and on an exceptional basis, the Component Tabulating Committee will accept electronic signatures on delegate nomination forms for the 2021 Airline Division Convention and CUPE National Convention.  An electronic signature must be the member’s actual signature and not simply the member’s name typed onto the nomination form. This will allow for members not actively in the workplace to nominate a candidate for a delegate position. The nomination form must be filled out in its entirety by the candidate, signed off and dated prior to scanning for electronically received signatures. We are doing this to ensure all members have an opportunity to run, as well as ensure all members have an opportunity to collect signatures, with the COVID pandemic in place, many of you are not able to access your work sites or Union offices due to not having a RAIC.

If more Delegates apply than there are positions, an election will take place. You can download a detailed package, which includes nomination papers, from the Component website: www.accomponent.ca or by clicking HERE. If you have any questions, please email contact@accomponent.ca.

ORIGINAL signed delegate nomination papers must be received by the Component Tabulating Chairperson at 25 Belfield Road, Etobicoke, ON, M9W 1E8, no later than 16:00 EDT on August 25, 2021. Candidates must complete each Nomination Sheet in its entirety.

In Solidarity,

Your Component Tabulating Committee

Recall Process Review for Air Canada and Air Canada Rouge

This bulletin is being provided as guidance and for informational purposes only.  If there is any variance between this bulletin and the Collective Agreement or any applicable legislation, they shall take precedence.

Dear Members,

With the steady pace of recalls we have seen over the past few weeks and the announcement of Rouge restarting in September 2021, we wanted to provide a more detailed breakdown of Article 17 and the recall process. As the process differs slightly depending on whether you are a Mainline or Rouge Member, please scroll to access the correct section of the bulletin:

– – – –

Recall Process Review for Mainline Members

Mainline Cabin Personnel do NOT need to accept a recall to Air Canada Rouge. They may remain on layoff status and wait for a recall to Mainline.

Step 1 – Recall Notice Sent
The most senior employees on layoff status will be advised of the first available assignment at either Air Canada Mainline or Air Canada Rouge. The recall notice must be sent by registered letter, but you may also receive an email to your company email and/or a phone call.

Step 2 – Responding to Recall Notice
You have 7 calendar days from the date of the postmark to advise if you are accepting the position. You must accept the recall if it is to the point of layoff, which is the base you were laid off from.

If the recall is to a different Mainline base or Air Canada Rouge base you may decline the recall, however you must still reply to the recall notice advising that you wish to be retained on the seniority list for subsequent assignments. This must be done within 14 calendar days from the date of the postmark.

If you fail to reply to a recall notice, you will have been considered to have resigned without notice.

Step 3 – Accepting Recall to Rouge (Article 17.04)
If you accept a recall to Air Canada Rouge, you will be given at least 21 calendar days’ notice of your start date. You will be protected at your Air Canada Mainline wage rate, except for SDs who will earn their Mainline FA wage when flying as a Flight Attendant and their applicable SD rate when flying as the Lead Flight Attendant. You will also maintain your Mainline pension and health benefits; however, all other working conditions and premiums will be based on LOU 55 of the Collective Agreement and Company policy.  There are some changes for those recalled to Air Canada Rouge, based on the Minutes of Settlement (MOS) for grievance CHQ-20-13. (CLICK HERE for a copy).

Further information will be issued by the Company on some of the differences, but please CLICK HERE to see an overview of the Rouge Scheduling Rules as found in the Rouge Contract Guide.

Step 4 – Working at Rouge
You will be required to attend training in order to become a qualified Rouge Flight Attendant. You will use your Mainline Uniform with minor modifications provided by the Company.

Step 5 – Recall to Mainline
Once a vacancy exists at Mainline it will be offered to the most senior crew member who remains on layoff or who is temporarily working at Rouge. By accepting a position at Rouge, you are not giving up your position at Mainline. You will be recalled to Mainline once a Mainline position is available at your seniority.

When recalled back to your point of layoff, you must return to Air Canada Mainline.
If the recall is to a different Air Canada Mainline base, you may decline the recall and wait for a position at your original home base. As per the MOS mentioned above, you will no longer forfeit your Mainline wage rate and health benefits if you decline a recall to a different mainline base.

Please review the below flow chart that outlines the recall process for Mainline Cabin Personnel or CLICK HERE for a PDF copy.

Your Component is always available to answer any questions you may have on the recall process, please reach out to get correct information at contact@accomponent.ca.

Currently we are not aware of the future number of recalls to either Mainline or Rouge. This bulletin was only prepared in preparation for future recalls and the restart of Air Canada Rouge. The moment we have confirmed recall information it will be shared with all members as we have done throughout the past year.

 

– – – –

 

Recall Process Review for Rouge Members

Rouge Cabin Personnel do NOT need to accept a recall to Air Canada Mainline. They may remain on layoff status and wait for a recall to Rouge.

Step 1 – Recall Notice Sent
The most senior employees on layoff status will be advised of the first available assignment at either Air Canada Mainline or Air Canada Rouge. The recall notice must be sent by registered letter, but you may also receive an email to your company email and/or a phone call.

Step 2 – Responding to Recall Notice
You have 7 calendar days from the date of the postmark to advise if you are accepting the position. You must accept the recall if it is to the point of layoff, which is the same base at Air Canada Rouge that you were laid-off from.

If the recall is to a different Rouge base or to an Air Canada Mainline base you may decline the recall, however you must still reply to the recall notice advising that you wish to be retained on the seniority list for subsequent assignments. This must be done within 14 calendar days from the date of the postmark.

If you fail to reply to a recall notice, you will have been considered to have resigned without notice.

Step 3 – Accepting Recall to Mainline (Article 17.05)
If you accept a recall to Air Canada Mainline, you will be given at least 21 calendar days’ notice of your start date. You will be placed on the Air Canada Mainline wage scale at a step that is no less than the hourly rate that you earned at Air Canada Rouge. This is the same wage rate that would apply in a flow-through situation. You will maintain your Rouge pension and health benefits; however, all other working conditions will be based on Collective Agreement and Company policies that apply to Air Canada Mainline Cabin Crew.

Step 4 – Working at Mainline
You will be required to attend training in order to become a qualified Mainline Flight Attendant. You will be provided with a Mainline Uniform.

Step 5 – Recall to Rouge
Once a vacancy exists at Rouge it will be offered to the most senior crew member who remains on layoff or who is temporarily working at Mainline. By accepting a position at Mainline, you are not giving up your position at Rouge. You will be recalled to Rouge once a Rouge position is available at your seniority.

When recalled back to your point of layoff, you must return to Air Canada Rouge.
If the recall is to a different Air Canada Rouge base, you may decline the recall and wait for a position at your original home base. You will remain at the wage rate that you transferred in at until you accumulate the years of service at Air Canada Mainline to progress to the next step on the Mainline wage scale. You will maintain your Rouge pension and health benefits.

Please review the below flow chart that outlines the recall process for Rouge Cabin Personnel or CLICK HERE for a PDF copy.

Your Component is always available to answer any questions you may have on the recall process, please reach out to get correct information at contact@accomponent.ca.

Currently we are not aware of the future number of recalls to either Mainline or Rouge. This bulletin was only prepared in preparation for future recalls and the restart of Air Canada Rouge. The moment we have confirmed recall information it will be shared with all members as we have done throughout the past year.

 

In solidarity,