Dear Members, 

  As we continue to move forward with the integration process to the next step of Arbitration, several key parties have established their positions on how the Integrated Seniority List (ISL) should be constructed.   

  This issue ISL construction will impact our membership, and it is important to understand where each group stands as we move towards the upcoming arbitration hearing. Below is a summary of the positions of CUPE National, CUPE Locals 4055 and 4070, and WestJet, along with important dates related to the ISL process.  

CUPE Local 4055’s Position:  
Relative Seniority Principles 

  CUPE Local 4055, representing the cabin crew at Sunwing Airlines, advocates for the Integrated Seniority List (ISL) to be constructed using Relative Seniority. This method compares the seniority of employees within their respective groups before the merger and attempts to align them in proportion to their standing within their own company. In this approach, each employee’s position on the list is determined by their seniority relative to others in their original workforce, rather than using an absolute start date.  

  Example:  

• If an employee was in the top 10% of their seniority ranking at Sunwing, they would aim to be placed in a similar percentile within the combined seniority list after the integration, maintaining their relative rank compared to their peers.  

• Another example of relative seniority is their most senior CCM (2005) would be equal to our most senior CCM (1996).  

• This method according to the submissions seeks to avoid one group dominating the list simply due to size or earlier hire dates, aiming for a fair distribution across the workforce.  

  However, a concern with Relative Seniority is that it can result in situations where employees with less actual service time in the industry may receive a seniority ranking that place them ahead of those with more years of experience, based solely on the size and structure of the pre-merger workforce.   

CUPE Local 4070’s Position:   
Length of Service Calculation 

  CUPE Local 4070 supports using a Length of Service (LOS) Calculation to determine seniority in the ISL. The LOS method ensures that seniority is based on the actual time employees have worked for the company. It uses the employee’s Date of Hire (DOH) as the starting point, but with an important adjustment for any periods of layoff where the employee was not actively working. 

  In this approach, no discount is applied to employees' service time. Instead, the position is that if an employee was laid off, that time simply does not count towards their seniority. This adjustment is not punitive; rather, it reflects a straightforward principle: seniority is based on time worked, not on time spent away from the workforce. 
 
  In other words, nothing is being taken away—if you weren’t working during a period (such as a layoff), you aren’t penalized, but that time doesn’t count toward your overall seniority calculation either.  

  Example:  

• An employee hired on January 1, 2015, with no periods of layoff would have a seniority date reflecting their full years of service since that hire date.  

• An employee hired on January 1, 2015, but who was laid off for six months in 2018, would have their service time adjusted accordingly, and six months would be subtracted from their overall Length of Service, meaning their seniority would be calculated as if they were hired six months later, reflecting the actual time worked.  

  The LOS calculation prevents the artificial inflation of seniority by ensuring that those who were not working during certain periods do not gain unfair advantages in terms of placement on the ISL. It offers an accurate reflection of each employee’s contribution over time, safeguarding fairness across the integrated workforce.  

CUPE National’s Position:  

  CUPE National announced that it will no longer remain neutral on the Integrated Seniority List (ISL) construction and intends to submit a formal position. Their stance is that seniority, as a fundamental Union principle, should be determined based on Date of Hire (DOH).  

WestJet’s Position: 

  At the time of writing, WestJet has not formally taken a position on the ISL matter. However, the company reserves the right to respond or make submissions if necessary.  

  The final decision on the ISL construction will be made by Arbitrator Kaplan during the upcoming arbitration hearing on October 4th in Toronto (YYZ). The construction of an Integrated Seniority List is complex, and each approach has its merits and drawbacks. Local 4070 will continue to advocate for a fair and equitable solution that protects the interests of all our members.   

  We encourage all members to engage in respectful discussions about the ISL process on social media platforms. As this situation continues to evolve, we will keep our membership informed with the latest updates.  

  If you have any questions or concerns, please contact your Base VP HERE.  
  

Important Dates:  

• September 26: Case Management Meeting to discuss the next steps in the integration process, including the creation of a single bargaining unit. 

• October 4: Arbitration Hearing in Toronto (YYZ). 

In solidarity, 

Your CUPE 4070 Executive  
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 - Brandy Whitby 
WestJet YWG Base VP - Tyson Conrod 
WestJet YYZ Base VP - Bryan Hansraj 
WestJet Encore YYC Base VP - Heather Crippen