CHQ-21-11 – Vacation Pay Credits while on Off-Duty Status, CHQ-21-12 – Vacation Assignment Upon Recall from Layoff and Seniority Violations, & Stat Holiday Increase – National Day for Truth and Reconciliation

CHQ-21-11 – Vacation Pay Credits while on Off-Duty Status
The Union has been in discussion with the Company over the recent decision where the Company chose to recognise your vacation period as time off while on ODS and in receipt of CEWS/CERB, however they do not agree that this comes with pay.  Meaning, you may have been awarded your full allotment of vacation, and you may have taken it, however if you opted for CEWS or CERB, the employer determined they would not be paying you for the vacation days.  The Union strongly disagrees with this, and as we were not able to come to a conclusion, and as we have seen so many members deducted for this vacation period, we have filed the attached grievance (CLICK HERE).

CHQ-21-12 – Vacation Assignment Upon Recall from Layoff and Seniority Violations
The Union was also in discussion to try and work with the employer to get our members the right to bid on vacation when they returned from their layoff.  The Union even offered to assist in the process to ensure we could expedite this with all the recent recalls.  The Company advised they could not move forward with this, and thus we needed to file a grievance, CLICK HERE to view.  The Union feels strongly that these are unprecedented times, and you should be able to bid based on your seniority and not just be assigned random dates upon your recall.

Stat Holiday Increase – National Day for Truth and Reconciliation
The Company has advised that all members, Air Canada Mainline and Air Canada Rouge, will be awarded an additional vacation day due to the recent announcement of the Federal Statutory Holiday.  Ensuring that the tragic history and ongoing legacy of residential schools is never forgotten. The new national day will honour survivors, their families, and communities. It will also ensure that public commemoration of the tragic and painful history and legacy of residential schools remains a vital component of the reconciliation process.

If you have already been awarded vacation, it will be added to your current award.  If you have already completed your vacation allotment for the year, you will have a single vacation day added to your schedule.

Leave for Traditional Aboriginal Practices
For those who may not be aware, here is the section in the Canada Labour Code that deals with Leave for Traditional Aboriginal Practices:
Leave for Traditional Aboriginal Practices
Leave — five days
206.8 (1) Every employee who is an Aboriginal person and who has completed three consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to five days in every calendar year, in order to enable the employee to engage in traditional Aboriginal practices, including
   (a) hunting;
   (b) fishing;
   (c) harvesting; and
   (d) any practice prescribed by regulation.

Division of leave
(2) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be not less than one day’s duration.

Documentation
(3) The employer may, in writing and no later than 15 days after an employee’s return to work, request the employee to provide documentation that shows the employee as an Aboriginal person. The employee shall provide that documentation only if it is reasonably practicable for him or her to obtain and provide it.

Definition of Aboriginal
(4) For the purposes of this section, Aboriginal means Indian, Inuit or Métis.
2017, c. 33, s. 206

If you have any questions or concerns, as always please reach out.

In Solidarity,

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