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,
