LETTER OF UNDERSTANDING NO. 43:
MEAL ENTITLEMENTS
Between:
Canadian Union of Public Employees,
Air Canada Component
(the “Union”)
– and –
Air Canada
(the “Company”)
Re: Meal Entitlements
This agreement sets out to clarify the rules for entitlement to meals on all “Overseas Operations” and to ensure sustenance for cabin personnel while on duty.
1. To increase accuracy and transparency in entitlement to meals, Air Canada agrees to set out accurately the meal entitlements in the pairings set out in the block packages.
2. When a flight arrives at a layover point during a recognized meal period, the cabin personnel operating the flight will receive the meal allowance of the layover point.
3. When a flight departs from a layover point during a recognized meal period, the cabin personnel operating the flight will receive the meal allowance of the layover point.
4. Meal allowances at a layover point will be paid in accordance with the recognized meal periods. In addition, a layover meal allowance will be paid when a flight departs within a 60 minutes buffer as follows:
|
Meal Allowance |
60 minutes added buffer |
Recognized meal period |
|
Breakfast |
07:00 to 07:59 |
08:00 to 09:30 |
|
Lunch |
11:30 to 12:29 |
12:30 to 13:30 |
|
Dinner |
17:00 to 17:59 |
18:00 to 19:30 |
|
Snack |
22:00 to 22:59 |
23:00 to 01:00 |
5. For greater certainty, Meal Allowances at layover point will be as follows:
|
Scheduled Arrival time at Layover Point |
Meal Allowances at Layover Point on Day of Arrival |
|
Arrival before 12:30* |
BLDS |
|
Arrival between 12:30 and 13:30 |
LDS |
|
Arrival after 13:30 |
DS |
|
Scheduled Departure time from Layover Point |
Meal Allowances at Layover Point on Day of Departure |
|
Departures between 07:00 to 11:29 |
B |
|
Departures between 11:30 to 16:59 |
BL |
|
Departures between 17:00 to 21:59 |
BLD |
|
Departures between 22:00 to 01:00 |
BLDS |
* For these flights, Air Canada will pay BLDS allowances at the layover point for the day of arrival provided the flight leg is less than 10 hours.
NOTE: On all other layover days (excludes arrival and departure days from layover point), cabin personnel will receive BLDS.
6. With the exception of the tray set-up, boarded meals for cabin personnel are to be substantially the same quality and quantity as the Executive First or J-Class meals boarded for passengers. The tray set-up for boarded meals shall be substantially the same as the tray set-up for Y-Class passengers.
7. A Cold Meal (“CM”) will include a sandwich/wrap, fruit, vegetable or salad and a granola/power bar, or a meal that is substantially similar. If Air Canada fails to board a CM , as referred to in paragraph 8 below, cabin personnel shall receive the lunch meal allowance of the city where the CM should have been boarded.
8. Boarded Meals will be as follows
|
Length of Scheduled Flight Leg |
Meal Boarded |
|
From 5 hours to 9 hours and 59 minutes |
One hot meal, one snack, fruit |
|
From 10 hours to 13 hours and 59 minutes |
2 hot meals, one snack, fruit |
|
From 14 hours to 15 hours and 59 minutes |
2 hot meals, one Cold Meal , fruit |
|
For 16 hours and over* |
2 hot meals, one Cold Meal , one snack, two fruit |
*If limits on stowage capacity prevent service of the identified meals, the parties will meet with a view to resolving any differences. If they are unable to agree, the matter will be referred to Mr. Teplitsky for resolution.
9. a) If the Company fails to board a meal as required, the In Charge will complete Form A attached certifying that the meal was not provided to that cabin personnel. In submitting their claim for a meal allowance, cabin personnel will attach a copy of Form A. Air Canada will pay the cabin personnel the meal allowance of the city where the meal should have been boarded.
b) In the event that Air Canada does not receive sufficient notice to board a special meal to accommodate cabin personnel with valid religious or medical dietary restrictions, cabin personnel shall be required to provide their own food for which they will receive the appropriate meal allowance(s) of the city(s) where the meal(s) should have been boarded.
10. To the extent reasonably possible, Air Canada will provide a reasonable period of time to prepare and eat any boarded meal.
11. Delays
(a) At layover point
i) When a flight is scheduled to arrive before a recognized meal period but is delayed, cabin personnel will continue to receive the scheduled layover meal allowance.
ii) When a flight is scheduled to arrive during a recognized meal period but is delayed, cabin personnel will continue to receive the scheduled layover meal allowance.
iii) When a flight is delayed from a layover point, cabin personnel will be paid for all layover meal allowances that result from the delay at the layover point. Cabin Personnel will not be entitled to an additional meal allowance at home base resulting from that same delay.
(b) At home base
When a delay causes cabin personnel to be on duty at home base during an entire recognized meal period, they shall be paid the applicable meal all
owance. This obligation is not required if Air Canada notifies cabin personnel at least 2 hours 30 minutes prior to the scheduled flight departure or if Air Canada actually advises cabin personnel of the delay with sufficient notice that they do not arrive at the airport.
(c) Rescheduled Flights
Notwithstanding paragraph (a), if a delayed flight from Home Base is rescheduled to depart six (6) hours or more after the originally scheduled departure, and where either the original crew has been advised per paragraph 11 b) above or a new crew has been assigned, the meal allowance entitlement for the layover shall be adjusted to reflect the new schedule.
12. Station Stops
Where cabin personnel are on duty during the entire recognized meal period (exclusive of the added buffer referred to in paragraph 4) and have a station stop of 90 minutes or more, they will be paid the meal allowance applicable to the station stop provided no meal was boarded on the flight preceding the station stop for the meal period for which the meal allowance is claimed. In no event will anyone be paid more than four (4) meal allowances per day.
13. Dispute Resolution
The parties agree to a final and binding mechanism to resolve all disputes concerning meal entitlements or alleged underpayments or overpayments. Any deductions made pursuant to this process, are “permitted deductions” for purposes of s. 254.1(2)(b) of the Canada Labour Code.
Step 1 – cabin personnel or the Company will file a claim in writing setting out their claim on Form B attached. The claim must be filed within 12 months of the alleged underpayment or overpayment. No money will be owing on claims filed outside this time limit.
Step 2 – Within 30 days of receiving the claim, the respondent must advise in writing whether they will pay the claim. If they dispute the claim, they must provide brief written reasons for the denial. The response and reasons must be recorded on Form B.
Step 3 – If the parties are unable to resolve the issue, Martin Teplitsky or his delegate will hear and decide the dispute within 15 days of the written denial. The hearings will be by teleconference or such other method as determined by Martin Teplitsky or his delegate.
Note 1: If the cabin personnel establishes that there has been an underpayment, Air Canada will pay the amount on the next applicable payroll period. Air Canada agrees to waive the administrative fees to enable cabin personnel to respond to any claims of overpayment made by the company. On the pay summary, Air Canada will specifically identify any payments for underpayments and any deductions for overpayments arising from meal entitlements.
Note 2: If Air Canada proves that there has been an overpayment, cabin personnel will be entitled to repay this amount in instalments of $40.00 per month. Air Canada will deduct the instalment repayment unless there are special circumstances such as injury or illness that keep the cabin personnel from full active duty. In those special circumstances, the repayment schedule will be suspended until the cabin personnel returns to full active duty.
Note 3: The arbitrator’s costs associated with the Dispute Resolution Process will be shared equally between Air Canada and the Union.
14. Air Canada agrees that it will not pursue any alleged overpayment and/or offset any alleged overpayment from expenses owing except as a result of the dispute resolution process set out in paragraph 13 above.
15. Air Canada will implement the terms and conditions of this Memorandum of Agreement for the block month following ratification, expected to be February 2005.
16. All meal entitlement grievances filed subsequent to September 30, 2004 until implementation of this agreement will be dealt with under the Dispute Resolution process set out above. In these grievances, the Union will continue to rely on the Collective Agreement, arbitration decisions and past practices.
17. Nothing in this agreement modifies or amends the current Collective Agreement.
18. Martin Teplitsky retains jurisdiction regarding the implementation, application or interpretation of this Memorandum of Agreement, and/or related provisions under the current Collective Agreement.
19. Both parties must ratify the finalized Memorandum of Agreement.
Dated at Toronto, this 21stday of December 2004.
Signed Original on File
______________________________ ___________________________
Air Canada Component of CUPE Air Canada
Per Pamela Sachs, President Per Jane MacGregor