CHQ-15-07 Denial of B1 Travel Passes
The Union has appealed Arbitrator Steinberg’s decision regarding the B1 Passes Policy Grievance (CHQ-15-07) to a Judicial Review. This will be heard on May 29, 2019.
CHQ-16-95 Article 2.04.02.02 (Air Canada rouge Forward Cabin Service)
Air Canada is offering a more enhanced onboard service on North American and Overseas Routes in the forward cabin of Air Canada rouge than the Air Canada Mainline International Premium Economy onboard service. This grievance will be arbitrated by Arbitrator Stout and additional dates have been added on June 17 and July 4, 2019.
CHQ-17-11 B5.03.01 – Ground Duty (Report Times, Duty Period Limitations)
Air Canada is not including the extra ground time for Service Directors towards duty period limitations. On August 7, 2019 the matter will be arbitrated by Louisa Davie.
CHQ-18-10 – Crew Rest Unit Bunk Kits
Air Canada violated articles 3, 13, L18, L22, L28, all relevant provisions of the Collective Agreement, and any other relevant legislation, act, or statute by failing to provide crew rest unit bunk kits as specified in the Collective Agreement. The matter has been referred to arbitration. Once a date is scheduled it will be announced.
CHQ-18-11 – Layover Hotel – Narita (Layovers of 32 hours or more)
Air Canada failed to provide hotel accommodations in downtown Tokyo to cabin crew with layovers of 32 hours or more. The matter has been referred to arbitration. Once a date is scheduled it will be announced.
CHQ-18-17 – Vacated Vacation, Article 8.11 (Via Globe Message)
Air Canada violated articles 3, 8.11, 21.01, all relevant provisions of the Collective Agreement, and any other relevant legislation, act, or statute, by failing to publish the vacated vacation periods via Globe message as required. The matter has been referred to arbitration. Once a date is scheduled it will be announced.
CHQ-18-19 – Crew Complement on Overseas – New Aircraft B737
Air Canada violated articles 1.02.08, 2.01, 3, 23.03, L60.04 and all relevant provisions of the Collective Agreement, and any other relevant legislation, act, or statute, by not adequately consulting with the Union when establishing crew complement on overseas operations on the newly implemented B737 aircraft. The matter has been referred to arbitration. Once a date is scheduled it will be announced.
CHQ-18-20 – Failure to Consult – SD Pay Rates – New Aircraft B737
Air Canada violated articles 2.01, 3, 5, 23.03.01 and all relevant provisions of the Collective Agreement, and any other relevant legislation, act, or statute, by not adequately consulting with the Union when establishing pay rates for Service Directors on the newly implemented B737 aircraft. The matter has been referred to arbitration. Once a date is scheduled it will be announced.
CHQ-18-21 – Failure to Consult – Onboard Crew Rest – New Aircraft B737
Air Canada violated articles 2.01, 3, 23.03.02 and all relevant provisions of the Collective Agreement, and any other relevant legislation, act, or statute, by not adequately consulting with the Union when establishing crew rest seats on the newly implemented B737 aircraft. The matter has been referred to arbitration. Once a date is scheduled it will be announced.
CHQ-18-27 – Unpaid Work – Move Me News Publication
The Union claims that Air Canada violated the Collective Agreement, including but not limited to Articles 2, 3, 5, 21.01, the Canada Labour Standards Regulations, C.R.C. c. 986, any related articles, acts or statutes and all other pertinent sections of the Collective Agreement by requiring mandatory reading of Air Canada’s bi-monthly Move Me News publication by Cabin Personnel without pay. This requirement is a change to the working conditions of Cabin Personnel and has been imposed without consultation and negotiation with the Union. Cabin Personnel are expected to volunteer and work on their own time, outside of regular (paid) hours, and are being denied pay, contrary to the Collective Agreement and the Canada Labour Standards Regulations, C.R.C. c. 986. The matter has been referred to arbitration. Once a date is scheduled it will be announced. Please file an eclaim for the amount of time it takes to read this publication since Air Canada has stated it is mandatory reading. Denied eclaims should be brought to your local office.
CHQ-18-28 – Minimum Wage
Air Canada has failed to ensure that Cabin Personnel of both Air Canada Mainline and Air Canada Rouge are being paid minimum wage, contrary to the law. By virtue of Section 178 of the Canada Labour Code, this minimum wage applies to all Cabin Personnel of Air Canada Mainline and Air Canada Rouge employed in Ontario. This grievance is held in abeyance pending the outcome of CHQ-rouge-18-31 which is scheduled for arbitration on July 30, 2019.
CHQ-18-31 – Unreasonable Exercise of Management Rights – Pre-Employment Agreement
Air Canada violated the Collective Agreement, including articles 3, 13, 24, L14, all relevant provisions of the Collective Agreement, the Canadian Human Rights Act, PIPEDA, the Arbitration Award of Arbitrator William Kaplan of June 13, 2014 (CHQ-rouge-13-01) and any other relevant legislation, act, or statute. During the pre-employment phase, CUPE members are subject to being asked to sign pre-employment agreements, the terms of which the employer has attempted to rely upon once the member is a part of the CUPE bargaining unit. Any terms in a pre-employment agreement between the Company and an individual does not survive the act of hiring the individual as a bargaining unit member and is not enforceable. This is prohibited and is discriminatory and contrary to the Canadian Human Rights Act, PIPEDA and the Collective Agreement, including but not limited to an unjustifiable violation of their privacy rights. The matter will be referred to arbitration. Once a date is scheduled it will be announced.
CHQ-18-32 – Layover Greater Than Sixteen (16) Hours – Downtown Hotel (B5.05.03)
Air Canada violated articles 3, 21.02, B5.05.03, Arbitrator Simmons August 15, 2001 award, Arbitrator Trudeau’s August 31, 1989 award, all relevant provisions of the Collective Agreement, and any other relevant legislation, act, or statute, by failing to provide hotel accommodations at a downtown hotel to cabin crew with layovers greater than sixteen (16) hours. The matter has been referred to arbitration. Once a date is scheduled it will be announced.
CHQ-18-39 – Minimum Wage (Those Employed in British Columbia)
Air Canada has failed to ensure that Cabin Personnel of both Air Canada Mainline and Air Canada Rouge are being paid minimum wage, contrary to the law. By virtue of Section 178 of the Canada Labour Code, this minimum wage applies to all Cabin Personnel of Air Canada Mainline and Air Canada Rouge employed in British Columbia. This grievance is held in abeyance pending the outcome of CHQ-rouge-18-31 which is scheduled for arbitration on July 30, 2019.
CHQ-18-45 – Secret Shoppers (Discipline, Demotions, Reports)
Air Canada has (1) unreasonably applied the “held out of service” provision, (2) failed to offer positive corrective training to Service Directors as per past practice and Air Canada’s own policy, (3) failed to apply progressive discipline to Service Directors and Flight Attendants, and (4) punitively demoted Service Directors and disciplined Flight Attendants without just cause. The company has also failed to provide a copy of the assessment reports to all members or failed to disclose the identity of the assessor/secret shopper and failed to provide the union with a copy of the assessment report in performance meetings. The matter will be referred to arbitration. Once a date is scheduled it will be announced.
CHQ-18-55 – Bilingual Coverage Requirements
Air Canada is blocking and assigning bilingual coverage above the maximum permitted under L2.02.02 and L2.02.03. The matter has been referred to arbitration. Once a date is scheduled it will be announced.
CHQ-18-56 – Failure to Abide by Canada Labour Code – Vacation Pay
The Canada Labour Code requires that employees be paid vacation pay of four per cent or, after six consecutive years of employment, six per cent of the wages of an employee, per year (s. 183 of the Code). Air Canada has violated the Code’s minimum vacation pay requirements by not paying Flight Attendants the minimum of four or six percent vacation pay, respectively. Minutes of Settlement were signed on December 12, 2018 that instructed the parties to meet and discuss resolution of this issue within 120 days. The parties have met and are confident that the matter will be resolved, and affected members paid out sometime in the fall of 2019.
CHQ-18-60 – Incorrectly Reduced Meal Allowances
Air Canada violated articles 3, 7.02.03, 13, L55.08.04, all relevant provisions of the Collective Agreement, and any other relevant legislation, act, or statute, by incorrectly reducing meal allowances between the months of September 2017 and April 2018. The grievance has gone to mediation and no settlement was reached. If the parties cannot reach a settlement after further discussions, the matter will be referred to arbitration.
CHQ-18-61 – Incorrectly Adjusted Meal Allowances, +/- Five (5) Percent Change
Air Canada violated articles 3, 7.02.03, 13, L55.08.04, all relevant provisions of the Collective Agreement, and any other relevant legislation, act, or statute, by adjusting meal allowances at existing destinations when there was less than a five (5) percent change on the basis of six (6) months running average plus or minus. The grievance has gone to mediation and no settlement was reached.
CHQ-18-62 – Improper Calculation of Meal Expenses, UN CPI Index
Air Canada violated articles 3, 7.02.03, 13, L55.08.04, all relevant provisions of the Collective Agreement, and any other relevant legislation, act, or statute, by failing to properly adjust meal allowances at existing destinations, including and not limited to Dubai (DXB), and any other destination when there is no data in the UN CPI Index. If the parties cannot reach a settlement after further discussions, the matter will be referred to arbitration.
CHQ-18-69 – LOU 46 (B777 – Removal of Emergency Equipment from Crew Rest Units)
Air Canada violated articles 2.01, 3, L46, and all relevant provisions of the Collective Agreement,Canadian Aviation Regulations (CARS) 705.93 and 705.94, and any other relevant legislation, act, or statute, by removing emergency equipment from the B777 Crew Rest Units. The matter has been referred to arbitration. Once a date is scheduled it will be announced.
CHQ-18-72 – Deferred Salary Plan (Failure to Award all Six Leave Period Options)
Air Canada has violated the Collective Agreement, including but not limited to articles 2, 3, 13, 15, 16, 21.01, LOU 19, all pertinent sections of the Collective Agreement, and any other relevant legislation, act, or statute by failing to award all six (6) leave period options in the Deferred Salary Plan Program (DSP). The matter has been referred to arbitration. Once a date is scheduled it will be announced.
CHQ-18-73 – Minimum Wage (Those Employed in Alberta)
Air Canada has failed to ensure that Cabin Personnel are being paid minimum wage, contrary to the law. By virtue of Section 178 of the Canada Labour Code, this minimum wage applies to all Cabin Personnel employed in Alberta. This grievance is held in abeyance pending the outcome of CHQ-rouge-18-31 which is scheduled for arbitration on July 30, 2019.
CHQ-18-78 – IMMS Change in Practice
Air Canada has made changes to long standing practices relating to the IMMS program, including but not limited to failing to grant 3-year IMMS leaves of absence and failing to provide to copy the Union on IMMS-related to correspondence. This grievance was denied at level 2 and will be scheduled for mediation in the near future.
CHQ-18-80 – Unreasonable Exercise of Management Rights and Human Rights – Drug and Alcohol Policy
On or around August 22, 2018, the Company advised the Union that it planned to implement a new Alcohol and Drug policy. The Union expressed the concerns that it had about this policy. Despite the Union’s objections, the Company unilaterally implemented the Alcohol and Drug policy on October 17, 2018. This policy constitutes an unreasonable exercise of management rights, is discriminatory, and is a breach of the Company’s longstanding and consistent past practice. In addition, it is contrary to the Collective Agreement, the Canadian Human Rights Act, PIPEDA and is an unreasonable invasion of privacy.
CHQ-18-83 – Special Assignment – Service Director Classification Applicants
The Union claims that Air Canada violated LOU 5 of the Collective Agreement including but not limited to its failure to consider applicants in the Service Director classification. Minutes of Settlement were reached in resolution of this policy grievance and related individual and group grievances on May 15, 2019 as follows: 1. The Grievances are resolved on the basis that the employer will continue to publish Long Term Special Assignments to all classifications and will consider all applicants. Selection for Long Term Special Assignments is at the discretion of the employer (L5.01). 2. W. Kaplan seized.
CHQ-19-04 – Ground Duty – Pre/Post Period for Service Directors
Air Canada violated the Collective Agreement by eliminating the extra ground duty time and pay associated with the additional duties performed by Service Directors. Air Canada’s actions are a clear attempt to circumvent the requirement to include this extra ground duty time in the duty period limitations pursuant to article B5.03.01 which is the subject of policy grievance CHQ-17-11. The Union has asked to consolidate this grievance at arbitration with CHQ-17-11 before Arbitrator Davie on August 7, 2019. Please notify the Union if you have not been getting the proper ground duty pay in accordance with report times published prior to Air Canada’s revision in December 2018. We remind Service Director’s to review your pay summary ground duty credits to make sure you are being paid the correct amount of pre-post credits for the applicable aircraft operated. If not, please file an eclaim. Denied eclaims should be brought to your local office.
CHQ-19-05 – Unreasonable and Discriminatory Tattoo and Piercing Policy
Air Canada’s personal appearance policy prohibits cabin personnel from having visible tattoos and piercings on duty, other than one pair of matching stud earrings. The Union’s position is that these prohibitions unreasonably infringe on employees’ rights, freedoms, and interests to express themselves through their appearance. In adopting these prohibitions, Air Canada has breached the Collective Agreement, including articles 3, 14, 24, L14, and all other relevant provisions. It has also breached the Canadian Human Rights Act and all other relevant statutes and regulations. This grievance was denied at level 2 and will be scheduled for mediation in the near future.
CHQ-19-09 – Flow Through – LOU 59
Air Canada is failing to action the transfer of Cabin Personnel from Air Canada Rouge to Air Canada Mainline within six (6) months of an offering, as provided for in the Collective Agreement. This grievance was denied at level 2 and will be scheduled for mediation in the near future.
CHQ-19-10 – Violation of Article 2.04.07 Rouge Expansion
On or about February 21, 2019, Air Canada requested consent from CUPE, Air Canada Component to allow for the expansion of the rouge fleet. CUPE, Air Canada Component did not grant consent, and the parties were still in discussions. Despite this, Air Canada has chosen to proceed unilaterally with its plan to expand the Rouge fleet. This grievance will be presented at level 2 at the end of May.
CHQ-19-12 – Travel Pay – Between YYZ and YUL Bases
Air Canada is failing to pay travel pay to Toronto based employees who are required to attend safety training in Montreal. Air Canada is also estopped from applying the strict provisions of L8.01.03 (exceptions, paragraph 2), at this time on the grounds of estoppel. This grievance will be presented at level 2 at the end of May. Please file an eclaim for two (2) hours if you were required to travel on a day not involved in training. Denied eclaims should be brought to your local office.
CHQ-19-13 – Unpaid Training – Leading Edge and Special Initial Workbooks
Air Canada violated the Collective Agreement by requiring the mandatory completion of the Leading Edge and Special Initial workbooks by Cabin Personnel. Cabin Personnel are expected to have these workbooks completed prior to attending training and are therefore required to do this work on their own time, outside of regular (paid) training courses, and are being denied pay, contrary to the Collective Agreement. This grievance will be presented at level 2 at the end of May. Please file an eclaim for the time it took to complete your workbook since Air Canada has stated its completion prior to training is mandatory. Denied claims should be brought to your local office.
CHQ-19-17 – Unreasonable and Discriminatory Gender-Specific Personal Appearance Policy
Air Canada maintains a gender-specific personal appearance policy. The Union’s position is that the gender-specific appearance policy (and its gender-specific prohibitions) unreasonably infringe on employees’ rights, freedoms, and interests to express themselves through their appearance. In adopting these prohibitions, Air Canada has breached the Collective Agreement, including articles 3, 14, 24, L14, and all other relevant provisions. It has also breached the Canadian Human Rights Act and all other relevant statutes and regulations. This grievance will be presented at Level 2 in the near future.
CHQ-19-18 – Article 2.04.02.01 (Air Canada rouge Premium Seats)
The forward cabin of Air Canada rouge wide body aircraft include premium seats that are wider than those in the Air Canada Premium Economy cabin on Mainline wide body aircraft. Additionally, the forward cabin of Air Canada rouge narrow body aircraft include premium seats that are wider than those in the Air Canada Business Class cabin on Mainline narrow body aircraft.This grievance will be presented at Level 2 in the near future.
CHQ-19-20 – Breach of Canada Labour Code – General Holiday Pay
In each vacation year, Air Canada provides employees with one paid day off in lieu of each of nine statutory holidays (New Year’s Day, Canada Day, etc.). For each of these days, Air Canada pays employees an amount equal to 2h55m of wages at the applicable hourly rate.
For each statutory/”general” holiday, section 196 of the Canada Labour Code requires Air Canada to provide employees with “holiday pay equal to at least one twentieth of the wages, excluding overtime pay, that they earned in the four-week period immediately preceding the week in which the general holiday occurs”. Air Canada’s practice of paying 2h55m of wages for each general holiday breaches the Canada Labour Code because it does not provide an amount equal to one twentieth of an employee’s wages earned in the four-week period prior to the general holiday. This grievance will be presented at Level 2 in the near future.
**Mainline employees are encouraged to file an eclaim anytime you believe you have not been properly paid. Denied claims should be brought to your local office.
ROUGE POLICY GRIEVANCES
CHQ-rouge-17-28 Lead Flight Attendant Position
When bidding blocks in PBS, Air Canada has failed to allow our members to bid for the Lead Flight Attendant position, contrary to the Collective Agreement. The grievance was heard at the Quarterly Review on March 28, 2018 and was subsequently denied. The grievance will be heard in arbitration on January 31, 2020.
CHQ-rouge-17-29 Draft Premium
Air Canada failed to pay the draft premium credit properly to the employees who were drafted to operate as Lead Flight Attendant on a flight. The grievance will be heard in arbitration on March 9, 2020.
CHQ-rouge-17-34 Abuse of Management Rights (ROE, Outstanding Payments and Discipline)
Air Canada is not abiding by the timelines stipulated by Services Canada regarding the issuance of the record of employment when disciplined. In addition, Air Canada is unreasonably holding on to all outstanding payments owed to those who are deemed to have been suspended pending discharge and terminated, until the grievance process has been exhausted. Both these issues are creating undue financial hardship on members. The grievance has been heard at Quarterly Review on June 21, 2018. Air Canada claims they have special permission from Service Canada to delay the processing of ROEs due to their unique payroll structure. We have requested proof of such special permission before potentially withdrawing the grievance.
CHQ-rouge-17-46 Reporting for Duty
Air Canada is failing to pay Duty Credits to Cabin Personnel who are forced to report for duty prior to the Duty Periods set out in Article L55.15 in order to complete all required duties prior to boarding the aircraft. Furthermore, Air Canada is failing to include the additional duty period involved in the duty period limitations. This grievance was denied following a Level 2 hearing on June 19, 2018. It was heard at the September Quarterly Review. The Company was waiting for approval of the Rouge IFS 2019 Budget, in order to see if they can settle this grievance. The grievance has been appealed to arbitration.
CHQ-rouge-17-47 Return from Maternity Leave
Air Canada is failing to provide Cabin Personnel with the required training upon their return to work from Maternity leave. As such, Cabin Personnel are involuntarily placed on an unpaid leave of absence until training becomes available. The grievance was heard at Quarterly Review on June 21, 2018. Air Canada agreed to settle this grievance by committing to offer requalification training monthly. If they are unable to keep this commitment, they agree to pay protect the employee while they are waiting for training. Following further discussion, the Union appealed the grievance to arbitration. The grievance was heard in arbitration on April 4, 2019. The parties’ tried to reach a potential resolution, however on May 21, 2019, the Union’s Counsel was advised that Air Canada could not agree to our proposal. The grievance will be heard in arbitration on June 3, 2019.
CHQ-rouge-18-05 Maternity Alternate Accommodation
Air Canada is failing to accommodate pregnant cabin personnel’s requests for alternate ground duty. As such, cabin personnel are given the options to take an unpaid leave of absence, go on short term disability or to continue flying. The grievance was originally scheduled to be heard in arbitration on June 3, 2019 however that date will now be used for CHQ-rouge-17-47. A new date will be scheduled for this grievance.
CHQ-rouge-18-06 – Port of Spain Duty Day
Air Canada has scheduled illegal pairings. The scheduled POS turnaround pairings are consistently going over the legal duty period of 14 hours, resulting in a direct violation of article L55.15.01.02. The grievance was heard at the Quarterly Review on December 4, 2018 and was subsequently denied. The grievance will be heard in arbitration on April 3, 2020.
CHQ-rouge-18-12 UDO’s and Unforeseeable Circumstances
Untouchable guaranteed days off are not being respected when a delay is posted prior to leaving home base. If a delay is posted before the flight leaves home base, crew members are being forced to work the pairing and have their UDO slide. Crew members are also being forced to work when the delay is posted before they have checked in. The grievance will be heard in arbitration on February 3, 2020.
CHQ-rouge-18-19 Reserve/Standby Credit
Reserve/standby duty days are not being properly paid. The Company is failing to pay the required four (4) hour credit per standby reserve day. The grievance has been appealed to arbitration.
CHQ-rouge-18-30 Draft (When booking back on)
Air Canada is circumventing the draft sequence by drafting members as soon as they call to book back on from illness or injury. Air Canada is failing to recognize that booking back on and drafting are two separate and distinct processes. The grievance has been appealed to arbitration.
CHQ-rouge-18-31 Minimum Wage
Air Canada has failed to ensure that Cabin Personnel of both Air Canada Mainline and Air Canada Rouge are being paid minimum wage, contrary to the law. By virtue of Section 178 of the Canada Labour Code, this minimum wage applies to all Cabin Personnel of Air Canada Mainline and Air Canada Rouge employed in Ontario. The grievance will be heard in arbitration on July 30, 2019.
CHQ-rouge-18-32 Minimum Wage (Those Employed in British Columbia)
Air Canada has failed to ensure that Cabin Personnel of both Air Canada Mainline and Air Canada Rouge are being paid minimum wage, contrary to the law. By virtue of Section 178 of the Canada Labour Code, this minimum wage applies to all Cabin Personnel of Air Canada Mainline and Air Canada Rouge employed in British Columbia. This grievance has been put in abeyance pending the outcome of CHQ-rouge-18-31.
CHQ-rouge-18-47 – Violation of Article L55.20 (Discipline Letters)
Air Canada has failed to provide, in writing, the reasons for the disciplinary action in a timely way.The grievance was heard at Level 2 on October 11, 2018 and the Company seemed open to settle the grievance. The grievance was settled on November 23, 2018 with an MOS similar to the settlement of CHQ-17-36.
CHQ-rouge-18-48 Reduction in Health Benefits
Air Canada has unilaterally made reductions in the Benefit Plans provided for Rouge Cabin Personnel. The grievance was heard at the Quarterly Review on December 4, 2018 and was subsequently denied. The grievance will be heard in arbitration on April 3, 2020. It has been appealed to arbitration.
CHQ-rouge-19-07 Unreasonable and Discriminatory Tattoo and Piercing Policy
Air Canada’s personal appearance policy for Air Canada Rouge prohibits cabin personnel from having visible tattoos and piercings on duty, other than “traditional” ear piercings. The Union’s position is that these prohibitions unreasonably infringe on employees’ rights, freedoms, and interests to express themselves through their appearance. The grievance was heard at Level 2 on May 2, 2019 and was subsequently denied. It will be appealed to Quarterly Review scheduled to be held on June 19, 2019.
CHQ-rouge-19-08 Abuse of Management Rights – Health Benefits Coverage
Air Canada is stating that if an employee utilizes sick leave credits within the first 3 months of employment, they will not be eligible for health benefit coverage and the 3-month eligibility window will restart. As such, the employee will need to complete another 3 months of continuous full-time employment before becoming eligible for coverage. The parties have agreed that anyone who booked off for 7 days or less during their first three months of employment will have their Great West Life benefits reinstated immediately. Going forward, employees will only see their benefits waiting period restarted when there is an interruption in service of:
1) 8 or more days of illness (cumulative or consecutive regardless if employee has available sick credits or not)
2) 8 or more days of unpaid leave of absence – PLOA.
CHQ-rouge-19-18 Unreasonable and Discriminatory Gender-Specific Look Book Policy
Air Canada maintains a gender-specific Air Canada Rouge Look Book policy. The Union’s position is that the gender-specific Look Book policy (and its gender-specific prohibitions) unreasonably infringe on employees’ rights, freedoms, and interests to express themselves through their appearance. The grievance is set to be heard at an upcoming Level 2 hearing.
CHQ-rouge-19-19 Abuse of Management Rights – Crew Scheduling
When cabin personnel contact the In-Flight Services Resource Centre to book off at a time that Crew Scheduling deems inopportune, their call is met with negative comments and are threatened with the filing of an incident report. Such comments create a fear-based work culture. The grievance is set to be heard at an upcoming Level 2 hearing.
CHQ-rouge-19-20 Abuse of Management Rights – Inadequate Investigation
Air Canada repeatedly fails to conduct thorough investigations following an employee’s investigatory meeting. Failing to do so results in a decision to discipline that is premature and unjust. The grievance is set to be heard at an upcoming Level 2 hearing.
CHQ-rouge-19-21 Overprojection on Reserve
Air Canada is failing to allow cabin personnel to drop reserve days as soon as their block month is projected over 95 hours in accordance with article L55.14.14. The grievance is set to be heard at an upcoming Level 2 hearing.
CHQ-rouge-19-22 Unpaid Lead Coaching Sessions
Air Canada offers an unpaid voluntary Lead coaching session. Although Air Canada has stated that attendance is on a voluntary basis, cabin personnel are being pressured by management to attend. It is also being used as an intimidation tool in employee performance meetings. The grievance is set to be heard at an upcoming Level 2 hearing.
CHQ-rouge-19-23 Unpaid Training – Rouge Annual Recurrent, Requalification and Initial Service Workbooks
Air Canada requires the mandatory completion of the Rouge Annual Recurrent, Requalification and Initial Service Workbooks by Cabin Personnel. Cabin Personnel are expected to have these workbooks completed prior to attending training and are therefore required to do this work on their own time, outside of regular (paid) training courses, and are being denied pay, contrary to the Collective Agreement. The grievance is set to be heard at an upcoming Level 2 hearing.
CHQ-rouge-19-24 Breach of Canada Labour Code – “General Holiday” Pay
In each vacation year, Air Canada provides employees with one paid day off in lieu of each of nine statutory holidays (New Year’s Day, Canada Day, etc.). For each of these days, Air Canada pays employees working at Rouge an amount equal to 2h35m of wages at the applicable hourly rate.
For each statutory/”general” holiday, section 196 of the Canada Labour Code requires Air Canada to provide employees with “holiday pay equal to at least one twentieth of the wages, excluding overtime pay, that they earned in the four-week period immediately preceding the week in which the general holiday occurs”.
Air Canada’s practice of paying 2h35m of wages for each general holiday breaches the Canada Labour Code because it does not provide an amount equal to one twentieth of an employee’s wages earned in the four-week period prior to the general holiday. The grievance is set to be heard at an upcoming Level 2 hearing.
CHQ-rouge-19-28 Unreasonable Exercise of Management Rights and Human Rights – Drug and Alcohol Policy
On or around August 22, 2018, the Company advised the Union that it planned to implement a new Alcohol and Drug policy. The Union expressed the concerns that it had about this policy. Despite the Union’s objections, the Company unilaterally implemented the Alcohol and Drug policy on October 17, 2018. This policy constitutes an unreasonable exercise of management rights, is discriminatory, and is a breach of the Company’s longstanding and consistent past practice. In addition, it is contrary to the Collective Agreement, the Canadian Human Rights Act, PIPEDA and is an unreasonable invasion of privacy.The grievance is set to be heard at an upcoming Level 2 hearing.
**Rouge employees are encouraged to email payrolls anytime you believe you have not been properly paid. Denied claims should always be brought to your local office.
In Solidarity,
Your Component Grievance Committee