Last week we provided information on the Collective Agreement article for Mainline that spoke to being held out of service (click HERE to view). The language relating to this process is found in Article 14 of the Collective Agreement for Mainline members. Keep in mind that being held out of service does not necessarily indicate that a member has done anything wrong. It is simply a way for the employer to protect its operation when it suspects that an individual’s presence in the workplace COULD be contrary to the employer’s interest. It is merely a tool used during the investigation process. It is also important to understand that being held out of service does not mean a member has been “suspended”. This is simply a mechanism to ensure pay protection for any missed flights in cases where the employer decides that they must meet with a member before they perform further flight assignments. Our advice remains that when you have been advised that you are being held out of service to contact your local office.
Air Canada Rouge has similar language which is found at L55.20.02.
L55.20 DISCIPLINE AND DISCHARGE
L55.20.01 No Employee shall be disciplined or discharged except for just cause.
L55.20.02 Where disciplinary or discharge action is contemplated, the Employee may be held out-of-service with pay for not more than seven (7) consecutive calendar days in order to conduct a thorough investigation.
L55.20.03 During an interview between the Company and the Employee where disciplinary action is contemplated, or where a performance meeting is held, the Employee may request the presence of a Union representative. If practicable, the Company shall provide the Employee with reasonable prior notice of the interview in writing informing the Employee of the alleged misdemeanour(s) and of his or her right to have a Union representative present. The Company will also, if practicable, notify the Union’s Local Base President of the interview via e-mail.
L55.20.03.01 Before the interview begins, the Company will ensure that the Employee is aware of the nature of the alleged misdemeanour(s). The Company will permit the Employee, should he or she so choose a reasonable period of time to speak to a Union representative before the interview begins. Once the interview begins, the Company will provide a copy of any documentation, which may be redacted to exclude personal information, for the Employee and Union’s immediate review.
L55.20.04 Where disciplinary or discharge action is contemplated, the Employee shall be so informed prior to formal action being taken unless reasonable efforts to contact the Employee are unsuccessful.