Clarification on Seniority, the Sunwing Merger, Flow and Inter-Departmental Transfers

Dear Members,

 

We want to take this opportunity to address several important issues concerning seniority matters in Local 4070. There has been a lot of discussion and, understandably, some confusion surrounding these topics. Our goal is to clarify the distinctions between what is currently under Arbitration, and what falls under internal decisions that are determined by our membership.

 

Sunwing Merger and Seniority Issues 

First and foremost, our communications of late are focused on the Sunwing merger of Local 4070 members with CUPE Local 4055. While Swoop Integration is linked to this discussion, the primary event we have been referring to is the Sunwing merger.

It is essential to draw a distinction between the roles of Local 4070 and CUPE National in this process. CUPE National has expressed its views on these issues based on their position on Seniority, and they have the right to do so as a party involved in the merger.

Local 4070 maintains a primary position anchored in Length of Service (LOS) calculation for determining seniority during this merger. Our position is grounded in precedent and case law, and we are particularly focused on the impact of Seasonality and layoffs, which has been a significant concern for our membership. This matter is currently before an arbitrator, and our arguments must adhere to legally established methods.  

Internally, we have a history of addressing seniority through well-established processes, but in cases like this, we are bound by precedent as part of a broader legal framework. We want to emphasize that the Union is not disregarding any group's rights.   

 

Encore and Swoop Flow MOA 

In terms of the seniority concerns related to Encore and Swoop Flow, we must turn our minds to the Memorandum of Agreement (MOA) governing these processes remains in effect. Under this MOA, members of Local 4070 voted and agreed that those who accepted employment with the mainline would forfeit their seniority. This was a democratically decided internal matter, not subject to oversight by external bodies such as the CIRB.

While this arrangement can certainly be revisited, any change would have to come from our membership. It would require a fresh decision by our members — not by the CIRB or the Union leadership. This is an internal matter based on what was previously bargained and agreed upon.

Link to MOA / Link to Flow MOA Amendment

 

Inter-Departmental Transfers and Seniority

Another issue that has resurfaced is the concern over seniority related to inter-departmental transfers. We fully understand the frustrations and concerns around this. Our Executive Board has had in the past and continues to have members of different experiences of how they started at WestJet including internal transfers. 

We want to clarify that the forfeiture of seniority for inter-departmental Transfers stems from the ratification of CA1 (Collective Agreement 1). Changing this would require a reassessment in the context of CA2 negotiations of Article 15 Seniority, and it would be up to the membership to determine if this issue is a bargaining priority.

Link to WS CA

 

Looking Ahead 

We want to reiterate that our intention is not to be insensitive to the concerns raised. However, it's important to separate these different issues so that we can avoid division among ourselves. The merger has reignited concerns about seniority, and we hope it encourages all of us to reflect on our approach to these issues historically as we move towards Collective Bargaining in 2025. Bargaining will require all of us to be focused on the priorities put forward by the group. More to come on the Bargaining Learning Series as we move past this Merger.

It’s important to acknowledge that the complexities of these matters cannot be simplified. They are shaped by years of documents, mechanisms, jurisdictions, and history. Moving forward, we must first look at how we got here and then take our next steps accordingly.  We hope this message helps shed light on the various pieces of this puzzle.  

We appreciate our members' engagement and continued support as we navigate these challenging times together.

 

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

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Merger Update #7 - Arbitration

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CUPE 4070 Newsletter - October 2024