Merger Update #8 - Arbitration Update
Dear Members,
In our ongoing commitment to keeping you informed; we want to update you on an important development. We’ve just been notified by the Arbitrator’s office that we should expect the decision on the Integrated Seniority List (ISL) by October 15, 2024. As soon as we have more details on the list and its construction, we will share them with the membership
Next Steps for the Local:
The Local is actively engaged with all parties to begin discussions on other issues arising from WestJet’s application to the Canada Industrial Relations Board (CIRB). Below, we’ve outlined the key items directly from WestJet's application:
Key Points from WestJet's Application to the CIRB:
Declare that, in accordance with sections 18.1(2)(a) and (b) of the Canada Labour Code, the parties are directed to consult with each other on any outstanding issues related to the consolidation of the bargaining units and report back to the Board within 30 days.
Revoke Order No. 11411-U, 10239-U and amend Order No. 11360-U, so there is only one bargaining unit.
Determine which collective agreement will apply to the consolidated bargaining unit.
The first two points trigger Section 3.9 of the CUPE Constitution, which addresses legal requirements for transferring jurisdiction between Local Unions.
Section 3.9 of the CUPE Constitution - Legal Requirements:
When a transfer of jurisdiction is legally required, all affected Local Unions must recognize the transfer. A copy of the law or decision requiring the transfer will be sent to the National Secretary-Treasurer. The National Secretary-Treasurer will then issue a new or amended Local Union charter.
As the certificate holder, CUPE has been directed by the CIRB to consolidate the two bargaining certificates. This means the two Locals must be merged into one. There are a few ways this can be achieved:
Mutual Agreement: If both Local Executives reach an agreement, we will submit this to CUPE National for approval and then provide the members with the next steps.
No Agreement: If no agreement is reached between the two Local Executives, CUPE National will determine how the consolidation will proceed.
Upcoming Elections
As outlined in our bylaws, union elections are scheduled for November, with nominations set to begin in the last week of October. We are hoping to have answers regarding the consolidation before this, in order to avoid triggering unnecessary elections. We fully understand the uncertainty this situation may create and want to assure you that we will keep you informed as we move forward.
Your Local Executive is fully engaged in this process, and we are committed to pursuing the least disruptive path for the more than 4,000 members we represent across WestJet and Encore Airlines.
Next Steps for the matter of two Collective Agreements:
Regarding the third point in WestJet's application, we will be meeting with all parties to address which collective agreement will apply to the consolidated bargaining unit. This meeting will also cover any other matters related to the integration of Sunwing Cabin Crew with WestJet Cabin Personnel.
We remain committed to representing your interests and ensuring you stay informed at every stage of this process. Your Local Executive is focused on guiding us through the complexities of the merger, while also preparing for the upcoming negotiations of our second collective agreement #CA2. Our priority is to ensure as seamless a transition as possible and to advocate for our needs as we approach this next phase.
QUESTION AND ANSWER:
Q: What happens if the two Locals Unions can’t agree on how to merge?
A: No Agreement: If no agreement is reached between the two Local Executives, CUPE National will determine how the consolidation will proceed.
Q: When will we know which collective agreement will apply?
A: This is still under discussion. We will meet with all relevant parties to determine which collective agreement will apply to the newly consolidated bargaining unit – if agreement cannot be reached its possible this question may be put before the Industrial Relations Board.
Q: What will the Arbitrator’s decision on October 15, 2024, mean for members?
A: The decision will establish the Integrated Seniority List (ISL), a critical component of integrating the workforce. We will provide further updates once the decision is received.
Your Local 4070 Executive Team
President - Alia Hussain
Vice-President - Tyson Conrod
Secretary-Treasurer - Alex Grigoriev
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