CUPE 4070

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WestJet CA - Article 15 Clarification

Dear Members,

It has come to the Union’s attention that Article 15 of the Collective Agreement, specifically Article 15-5 Forfeiture of Seniority and how it applies to Article 47 Layoff and Recall, requires clarification.

Article 15-5.01 of the Collective Agreement reads as follows:
Except as otherwise stated in this Article, a Cabin Personnel shall be removed from the MSL and shall forfeit all rights at such time as:
a) They are no longer employed as a Cabin Personnel by the Company;
b) They are on layoff for a period greater than three (3) years;
c) They decline a recall opportunity, in accordance with Article 47 - Layoff and Recall;
d) They neglect to answer a recall opportunity, in accordance with Article 47 - Layoff and Recall
 
Clarification:
Article 15-5.01(c)(d) only applies to Article 47 Layoff and Recall when a Member does not answer either accepting or declining a 7-day recall OR they are the most junior on the Recall list and decline a recall, as outlined in Articles 47-5.04, 47-5.06, and 47-5.07.

A Member who does not answer a 7-day recall or declines a recall as the most junior on the recall list would be removed from the Master Seniority List and forfeit their seniority due to no longer being employed by the company.

Further to that, Article 47-5.10 of the Collective Agreement states:
Cabin Personnel shall continue to accrue seniority during the layoff period. Company service shall not accrue for any vacation entitlements, sick leave and pay progression purposes during the layoff period.

Deferring a recall opportunity will not remove you from the Master Seniority List, and will not cause you to stop accruing seniority.

Members have accrued and will continue to accrue time for seniority purposes while inactive (on furlough), regardless of deferring a recall opportunity.

In Solidarity,
Your CUPE 4070 Executive Team