This bulletin is a continuation of our last bulletin issued on December 9, 2022, which can be viewed by clicking HERE.
The Component Grievance Committee is involved in the work behind the scenes, and we hope our latest bulletin provides you with important updates on cases that matter to you.
As of June 19, 2023, the number of grievances filed in 2023 on behalf of those who have been Suspended Pending Discharge / Terminated at Mainline is 37, and at Rouge is 32.
MAINLINE POLICY GRIEVANCES
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 was referred to arbitration, however the parties agreed to settle the matter on an interim basis. Please click HERE to view the settlement. After the test trial, Air Canada did not agree to use the test pairings and process in the settlement, and the matter was returned to the arbitrator on February 7 & 8, 2023 for a final determination. Unfortunately, the grievance was dismissed. The arbitrator accepted the company’s interpretation that LOU 2 applied maxima to pairings, not flights as the union argued. Please click HERE to see the final arbitration award.
CHQ-19-25 – Denial of Post-Retirement Benefits
Air Canada is no longer providing post-retirement benefits for employees hired after April 30, 2014, and the matter was scheduled to be heard at arbitration on June 13, 2023.
Since 1993, Air Canada has provided its retirees with both basic and supplemental health, dental and life insurance coverage. In the summer of 2014, it announced that it intended to cease doing so and that it would halt any such coverage for employees hired after May 1, 2014. CUPE has filed grievances to challenge this decision and has been engaged in persistent litigation on this issue since the decision was made.
The decision to deny access to retiree benefits was especially heinous in light of the fact that, in it’s annual year-end press release on February 11, 2015, the President of Air Canada, Calvin Rovinescu, told the press that 2014 represented Air Canada’s best financial performance up to that point. It was particularly shocking to see Air Canada revoke important health benefits from retirees in its most profitable year.
CUPE has remained committed to fighting for our retirees’ rights to health benefits and has engaged in active litigation with respect to these benefits. Air Canada’s defence has been that the retiree benefits exist separate from the Collective Agreement and therefore their revocation was within Air Canada’s rights. Our position has been that the retiree benefits are an extension of the health plan which Air Canada is required to provide under the Collective Agreement.
As is often the case during litigation, new documents and other evidence have come to light regarding the discussions in the 1990s which led to the creation of Air Canada’s retiree benefits. Given the content of some of this evidence CUPE is unable to challenge the loss of retiree benefits through the grievance process and has been forced to withdraw its litigation. This is not the end of this issue. CUPE fully intends to raise this issue in the context of collective bargaining and to make all efforts in the circumstances to restore these important benefits.
CHQ-21-11 (POLICY) – Vacation Pay Credits while on Off-Duty Status
Air Canada is recuperating pay credits or not providing pay credits for vacation time accrued while cabin crew members were on Off-Duty Status as a result of the COVID-19 pandemic. Specifically, Air Canada placed a large percentage of CUPE members on Off-Duty Status between April 2, 2020, and June 7, 2020, subsequently some members received reduced wage payments through the Canadian Emergency Wage Subsidy (CEWS) or applied for the Canadian Emergency Recovery Benefit (CERB). The grievance was originally scheduled to be arbitrated on May 31, 2023, however due to unforeseen circumstances, was cancelled and will be rescheduled to a date in the future. As soon as a date is confirmed, it will be communicated.
CHQ-22-13 (POLICY) – In-charge (SD) Classification – Application of Wage Scale (Article 5.06.01)
Air Canada is not recognizing service time at Rouge for employees who have transferred to Mainline and have moved into the In-Charge (SD) Classification, for pay purposes on the In-charge (SD) wage scale. This case will be arbitrated on May 31, 2024.
CHQ-22-19 (POLICY) – Recovery of Overpayments (CLC, section 254.1)
Air Canada has been inappropriately clawing back overpayments in a manner that includes and is not limited to the following: i.) before advising members in writing that an overpayment was made, ii.) by not providing an explanation, relevant calculations, and breakdown, and iii.) clawing back wages at a rate higher than what the wages were initially paid at. This grievance was not resolved at mediation however the parties have agreed to attempt mediation again on June 21, 2023.
CHQ-22-20 (POLICY) – Reserve Airport Standby, More Than Twice (B8.20.02)
Air Canada violated Article B8.20.02 by assigning reserves to report for airport standby more than twice in a block month when other crew members at that base still had not been assigned to report for airport standby two (2) times in that month.
As you are aware, there has been a long standing dispute between the Company and the Union regarding what counts towards the two (2) standby limit found in Article B8.20.02.
The matter proceeded to arbitration on May 24, 2023. Although the outcome is not what we hoped for, we are happy that we now have clarity on how the Collective Agreement is to be interpreted. In a nutshell, airport standby counts towards the limit of two (2) only when that is what you are assigned at the outset. If you are already at the airport because you are assigned to operate a pairing and are then placed on airport standby because you are no longer required for that pairing, (i.e., cancellation) that airport standby does NOT count towards the two (2) airport standby limit. (Click HERE to see full award)
CHQ-22-44 (POLICY) – Last Sold Seats, LOU 27
The Company is failing to ensure that a certain bank of economy seats are held as “last sold” for the purpose of crew rest on all aircraft. Air Canada is not filling all other Y (economy class) seats prior to making the last sold seats available to revenue or contingent passengers. This grievance was not resolved at mediation and has been appealed to arbitration. As soon as a date is confirmed, it will be communicated.
CHQ-22-48 (POLICY) – Cost of Living Adjustment (COLA)
Air Canada is failing to pay employees wage increases following cost of living increases. This grievance was heard at arbitration on May 30, 2023 and as soon as the arbitrator issues his award, it will be communicated.
CHQ-22-73 (POLICY) – Violation of Article 2.04.05.01 (Narrowbody Aircraft operated at Air Canada Rouge)
The Company is operating more than 30 narrowbody aircraft at Air Canada Rouge. This grievance proceeded to mediation and the parties resolved grievance CHQ-22-73 with a settlement in the form of a new Letter of Understanding (LOU) 61.
This LOU resolves all issues relating to CHQ-22-73 and will be incorporated into the Collective Agreement at a later date. This LOU will provide for dedicated crew seats on the Airbus A330 (effective with the June 2023 block month) & the Airbus A321 XLR aircraft (once it commences operating) that don’t have crew bunks. This LOU will apply similarly to LOU 51 which provided for dedicated crew seats on the Boeing 767. The terms of LOU 61 are as follows:
“On all A330 and A321XLR non-crew bunk equipped aircraft operating flights which have a scheduled block to block flight time of greater than 7:30 hours but less than 11:30 hours, the Company will dedicate a bank of economy class seats for crew rest purposes. The location of these seats will be determined by the Company.
Cabin Personnel may sleep in the bank of dedicated economy class seats for a maximum of one (1) hour per crew member. The use of these seats to sleep shall not in any way interfere with cabin service.
No more than two (2) Cabin Personnel may sleep at any one time. The Company shall use best efforts to install a curtain for privacy which, if installed, must be used by Cabin Personnel when the seats are in use. Signs or makeshift curtains are not permitted.
Letters of Understanding 27 and 28 shall not apply when dedicated crew rest seats have been provided in accordance with the foregoing.”
This settlement is the result of discussions between the parties in which the Union asserted their continued focus on working conditions and rest for crew members.
Grievance CHQ-22-73 was related to the number of narrow-body aircraft operated at Air Canada Rouge. The Union assessed this grievance internally and with legal counsel. We also evaluated what was first negotiated relating to scope language. As such the Union was able to provide Air Canada clarity that so long as the cap of 50 aircraft maximum is maintained that the Union will not dispute changes to the number of narrowbody aircraft operated at Rouge. The scope provisions provide for a maximum of 25 widebody aircraft at Rouge, which is the Union’s main concern with scope protection. It is the widebody that we focused on and so long as they do not increase that or the maximum of 50 aircraft, we were able to agree to this settlement.
There was no change to the scope language, only clarity afforded to both sides, ensuring future growth at Air Canada Rouge will follow the current scope language.
CHQ-22-79 (POLICY) – Violation of Article 22.02, Supplemental Health Insurance Plan II (Special Authorization Process)
Air Canada’s “Special Authorization Process”, used by its benefit claims administrator, constitutes a denial of Members’ negotiated rights under the Collective Agreement. This grievance will be mediated in the near future.
CHQ-23-12 (POLICY) – Violation of Article L59.07 (Service accumulated under article 17.07 not being counted towards flow through mainline wage scale progression)
Air Canada is failing to recognize the months or years of service that Rouge crew accumulated at Mainline following their layoff at Rouge, for the purposes of pay progression on the Mainline pay scale after they have flown through from Rouge to Mainline. This grievance was denied at level 2 and will be mediated in the near future.
CHQ-23-33 (POLICY) – Article 13.08 – Disclosure of Documentation During Grievance Process
Air Canada is failing to provide the Union with copies of all documents (including photo, video, and audio documentation) relative to the grievance upon request. This grievance will be presented at Level 2 in the near future.
CHQ-23-34 (POLICY) – Article 14.02.01 – Disclosure of Documentation During Interviews
Air Canada is failing to provide a copy of all documentation (including photo, video, and audio documentation) relating to the alleged misdemeanour(s) to the Union and the employee during the interview procedure. This grievance will be presented at Level 2 in the near future.
CHQ-23-38 (POLICY)- Sick Leave Substantiation Requests – Five (5) days or more
Air Canada’s request for medical substantiation from cabin personnel for book offs of five (5) days or more is a blanket request which makes the request mandatory for all members despite their individual attendance record, contrary to Arbitrator’s Teplitsky’s February 12, 2007 award, Arbitrator Kaplan’s August 16, 2010 award, as well as CHRA and any related articles, acts or statutes and all other pertinent sections of the Collective Agreement. This grievance will be presented at Level 2 in the near future.
CHQ-23-41 (POLICY) – Canada Labour Code Violation – Ten (10) Day Time Limit to Provide Medical Substantiation
Air Canada’s request for medical substantiation within 10 days of book on from cabin personnel is a violation of the Canada Labour Code which specifies a 15-day time limit from book on. This grievance will be presented at Level 2 in the near future.
CHQ-23-42 (POLICY) – Violation of Article 9 (Improper Calculation of Sick Leave When Requesting Sick Leave Medical Substantiation)
Air Canada is improperly calculating sick leave when making requests for sick leave medical substantiation. This grievance will be presented at Level 2 in the near future.
ROUGE POLICY GRIEVANCES
CHQ-Rouge-22-06 (POLICY) – Excessive Drafting
Air Canada has been excessively drafting crew members to levels not seen in the history of Rouge and the manner in which they are drafting is also contrary to past practice. This case will be arbitrated on August 26, 2024.
CHQ-Rouge-22-14 (POLICY) – Last Sold Seats, L55.31
The Company failed to ensure that a certain bank of economy seats are held as “last sold” for the purpose of crew rest on all aircraft. Air Canada is not filling all other Y (economy class) seats prior to making the last sold seats available to revenue or contingent passengers. The Union is in the process of scheduling this case for arbitration. As soon as a date is confirmed, it will be communicated.
CHQ-Rouge-22-16 (POLICY) – Cost of Living Adjustment (COLA)
Air Canada failed to pay employees wage increases following cost of living increases. The grievance was denied at the Quarterly Grievance Review and has been scheduled for arbitration on March 18, 2025, before Arbitrator Eli Gedalof.
CHQ-rouge-23-27 (POLICY) – Discipline/Discharge – Disclosure of Documentation During Grievance Process
Air Canada is failing to provide the Union with copies of all documents (including photo, video, and audio documentation) relative to the grievance upon request. This grievance will be presented at Level 2 in the near future.
CHQ-rouge-23-28 (POLICY) – Article L55.20.03.01 – Disclosure of Documentation During Interviews
Air Canada is failing to provide a copy of all documentation (including photo, video, and audio documentation) relating to the alleged misdemeanour(s) to the Union and the employee during the interview procedure. This grievance will be presented at Level 2 in the near future.
In Solidarity,
Your Component Grievance Committee