Merger Update #4 - CIRB Hearing
Dear Members,
On September 6th, the CIRB held a case management hearing regarding the application submitted earlier this year (see below for links to all comms sent so far on this matter). As part of our ongoing commitment to keeping the membership informed, we are providing the following update to ensure all members are up to date on these important developments.
The Industrial Relations Board has issued the following Orders:
The bargaining unit structure for cabin crew members/flight attendants at Sunwing and WestJet is no longer appropriate and needs to be reviewed.
One consolidated bargaining unit of all cabin crew members/flight attendants is appropriate for collective bargaining.
CUPE will remain the certified bargaining agent of the new consolidated bargaining unit.
The integration of the seniority lists of all cabin crew members/flight attendants at WestJet and Sunwing shall be determined by a sole arbitrator, William Kaplan, with specific parameters:
The parties to the arbitration are CUPE, CUPE Local 4055, CUPE Local 4070, and WestJet/Sunwing.
The arbitrator's jurisdiction is limited to determining a fair and equitable integrated seniority list for the employees currently in the bargaining units at WestJet and Sunwing.
The arbitration process will be conducted as per the agreement of the parties.
The arbitrator shall have all the powers that the Board would have in merging seniority lists.
The arbitrator's award will be final and binding.
The integrated seniority list shall be produced to WestJet no later than November 15, 2024, unless agreed otherwise.
Any other outstanding issues related to the consolidation and integration of the bargaining units shall be addressed between the parties, with the assistance of the Board's officers as required.
The Board will hear and address any unresolved issues relating to the functional integration of bargaining units on December 18, 2024.
So, what does this mean for Local 4070? Basically, the CIRB has ordered the consolidation of the bargaining units for cabin crew members/flight attendants at WestJet and Sunwing, with CUPE remaining the certified bargaining agent, and has provided a framework for the integration of the seniority lists through a binding arbitration process along with deadlines.
NEXT STEPS
Establishing the Integrated Seniority List (ISL)
CUPE Local 4070 Executive Board and its Legal Counsel are currently attending mediation in Toronto to resolve the issue of seniority from Sept 9-14. Currently parties remain apart on the matter over what we each believe to be a fair and equitable solution to a new seniority list - we believe our proposal is the most reasonable approach to establishing the ISL. Should an agreement not be reached this week, the matter will then be before the arbitrator, and they will make a final binding decision on behalf of both Locals. The new list will be presented to WestJet before Nov 15, 2024.
Briefing: Outstanding Issues
As we continue to navigate the complexities of this merger, there are several prominent issues that remain unresolved. In previous updates, the Executive Board has shared many of these areas, and we would like to build on that by highlighting additional key areas that members should be aware of:
Successor Bargaining Unit
One of the critical decisions to be made is which bargaining unit will survive post-merger. CUPE National has the sole authority to determine the surviving bargaining unit, and it’s crucial for our membership to understand that this decision is entirely within their purview. While it may or may not be CUPE Local 4070, we have been clear in our position that Local 4070 should represent all flight attendants employed within the WestJet Group of Companies.Collective Agreements
Another prominent issue is which collective agreement will apply after the merger. Both Local 4070 and Local 4055 have existing agreements—the Local 4070 agreement expires in December 2025, while Local 4055’s agreement expires in May 2026. The jurisdiction of the Board will be central in determining how these agreements are reconciled. Once we receive further information on the process for this reconciliation we will share more information.Encore and FLOW
The Sunwing acquisition has created concerns about overstaffing within WestJet, given the current cabin crew-to-aircraft ratio at WG. Local 4070’s position remains firm: the FLOW rights of Encore employees must be respected. It is essential that protections are in place to ensure career progression from Encore to mainline WestJet is preserved and that Encore employees are not left without opportunities for advancement. While the decision on Sep 6 has closed one door on the Encore matter, the Local will continue to advocate for our Encore members.Additional Integration Issues
We remain hopeful that CUPE National will fulfill its role as an unbiased and neutral participant as the matter between the two Locals progresses toward completion. While we have seen challenges to this neutrality in the past, we trust that moving forward, CUPE National will support a fair process for all parties involved.
There are still several outstanding issues related to Merger and we will continue to address and communicate these as they arise. We remain committed to keeping our members informed and advocating for the best outcomes for everyone.
Please see below for a list of relevant communications and documentation to-date:
CIRB Learning Series:
Legal Documents:
In solidarity,
Your CUPE 4070 Executive Team
CUPE 4070 President - Alia Hussain
CUPE 4070 Vice-President - Tyson Conrod
CUPE 4070 Secretary-Treasurer - Alex Grigoriev
CUPE 4070 Recording Secretary - Calvin Gautschi
WestJet YVR/ YEG Base VP - Chris Brewer
WestJet YYC Base VP - Lisa Blayney - Interim
WestJet YWG Base VP - Tyson Conrod
WestJet YYZ Base VP - Bryan Hansraj
WestJet Encore YYC Base VP - Heather Crippen