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Chris Amaddeo 2024-10-10 Chris Amaddeo 2024-10-10

Merger Update #8 - Arbitration Update

Click HERE

Chris Amaddeo 2024-10-04 Chris Amaddeo 2024-10-04

Merger Update #7 - Arbitration

Dear Members,

Message from CUPE LOCAL 4070 Executive Team

Today, Friday, October 4th, 2024, representatives from CUPE Local 4070, including President Alia Hussain, WestJet Toronto Base Vice President Bryan Hansraj, and Secretary-Treasurer Alex Grigoriev attended interest arbitration proceedings in Toronto with Federal Arbitrator William Kaplan. Other parties to these proceedings were representatives from CUPE Local 4055, CUPE National, WestJet/Sunwing Management as well as the parties’ retained legal counsel.

The session involved each party’s legal counsel presenting their respective positions to Arbitrator Kaplan and addressing other parties’ oral submissions. Representing Local 4070 were Michael Church and Ethan Lewis from Caley Wray labour law firm.

Local 4070 remains committed to securing a fair and equitable decision that acknowledges the service time of all cabin personnel. We will continue to be available to Arbitrator Kaplan should he require any further information or clarification as he prepares his decision.

We recognize that these are challenging times, and the Local remains fully committed to representing and advocating for all Cabin Personnel of Local 4070. We anticipate the decision to be issued on or before November 15, 2024, and will continue to update the membership as more information becomes available.

Joint statement from CUPE, CUPE 4070, and CUPE 4055 regarding ISL arbitration

Earlier today in Toronto, CUPE, CUPE 4070, and CUPE 4055 made their submissions before arbitrator William Kaplan regarding the integrated seniority list for cabin crew at WestJet once the merger of WestJet and Sunwing is completed.

We do not yet know the outcome of this arbitration, but we will keep you informed as soon as we have an update to share.

Throughout this process, all three parties have worked tirelessly for the best possible outcome for our members. We are proud to have approached these often-difficult conversations with mutual respect.

Today we have reached a milestone in this process. We now await the arbitrated decision and recognize that it's time to move forward in full solidarity as CUPE members, together.

We also recognize that, despite our differences through this process, we can and must emerge on the other side of the merger united and ready for what matters most: securing a strong collective agreement for our members when bargaining commences next year. Together, we are now part of an even bigger and even stronger union local, and we are ready to take on the challenges and seize the opportunities ahead.

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

Chris Amaddeo 2024-10-02 Chris Amaddeo 2024-10-02

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

Chris Amaddeo 2024-09-30 Chris Amaddeo 2024-09-30

National Day for Truth and Reconciliation

On September 30th, Canada marks National Truth and Reconciliation Day. A day dedicated to reflecting on the country's colonial history and the lasting impact of the residential school system on Indigenous peoples. It's an opportunity for Canadians to come together, honour the survivors of residential schools, remember the children who never came home, and acknowledge the intergenerational trauma still felt by Indigenous communities. The effects of this systemic abuse are profound, leading to the loss of culture, language and, tragically many lives. Survivors and their families continue to feel the painful repercussions of this history today.

National Truth and Reconciliation Day is more than just a day of reflection; it is a call to action. It challenges us to confront the injustices of the past and work toward a future that acknowledges the wrongs done to Indigenous Peoples, and actively strives for healing, justice and true reconciliation. Reconciliation is not a one-time act but a continuous commitment. By confronting the injustices of the past, we can work together to address the inequalities that persist today, particularly when it comes to Indigenous rights, land and culture.

The Legacy of Residential Schools
From the late 19th century until 1996, over 150,000 Indigenous children were forcibly removed from their homes and placed into residential schools across Canada. These institutions, often run by religious organizations, sought to assimilate Indigenous children into Euro-Canadian culture Many children experienced neglect, abuse, and the loss of their language, culture, and identity. The impacts of this system are still deeply felt today.

National Center for Truth and Reconciliation

Why September 30th

National Truth and Reconciliation Day coincides with Orange Shirt Day, a grassroots movement that started in 2013 to honour Phyllis Webstad, a survivor of residential schools. As a child, Phyllis had her new orange shirt taken away from her on her first day at a residential school, symbolizing the loss of her identity and culture. The orange shirt has since become a powerful symbol of remembrance for the children who suffered under the residential school system.

How Can We Engage in Reconciliation

Educate Yourself

Learn about the history of residential schools, treaties, and the ongoing challenges faced by Indigenous communities.
The Yellowhead Institute is and Indigenous-led research and education center based in the Faculty of Arts at the Toronto Metropolitan University.
Take time to read the TRC's 94 Calls to Action. Reflect on how you or your organization can support them.

Wear Orange

Wearing an orange shirt on September 30th is a visual reminder of the children who were taken from their families and communities. It's a simple, yet powerful way to show your solidarity.

Support Indigenous-Led Initiatives

Support Indigenous organizations, businesses, authors, authors, or attend community led events that are vital to the culture revival and economic empowerment of Indigenous communities.

Truth and Reconciliation requires more than commitment to just one day. Let us acknowledge, listen, learn and act. The road to reconciliation is long, but together, through understanding and respect, we can walk it side by side.

Meghan Gulliver 2024-09-25 Meghan Gulliver 2024-09-25

Merger Update #6 - Seniority Positions

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

Chris Amaddeo 2024-09-17 Chris Amaddeo 2024-09-17

Merger Update #5 - Moving to Arbitration

Dear Members,

During the week of September 9th to 13th, the Executive Board attended mediation with Federal Arbitrator William Kaplan, with the intent of coming to a settlement with CUPE Local 4055, representing Sunwing Cabin Crew, on the matter of an Integrated Seniority List (ISL).

We were unable to reach a mediated settlement due to fundamental differences in the principles surrounding seniority between the two Unions, which presented significant challenges throughout the process.

CUPE National, WestJet, CUPE Local 4055 and CUPE Local 4070 have all agreed to move forward with arbitration. The parties will schedule arbitration hearings with Arbitrator Kaplan and he will make a binding decision on the integrated seniority of both Locals. When we have information on arbitration dates, we will update the membership.

If you have any questions, please don’t hesitate to contact your Base Vice-President. Please be advised that a significant portion of the mediation proceedings is confidential, and the Board is limited in the information it can share.

In solidarity,

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

Chris Amaddeo 2024-09-11 Chris Amaddeo 2024-09-11

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.

See judgement order here.

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:

Filed Sale Application

In solidarity,

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

Chris Amaddeo 2024-08-23 Chris Amaddeo 2024-08-23

Merger Update #3: Update on the Merger Process and Upcoming Steps

Dear Members,

As of yesterday, we concluded our final scheduled meeting with the Joint Merger Committee under the internal CUPE process. These discussions have been a crucial part of our ongoing efforts to integrate the workforces of our respective Locals in a way that is fair and equitable for all members.

While we have made progress in sharing information, the complexity surrounding seniority remains unresolved. Consequently, we will now move into the next phase of the process: mediation, followed by binding arbitration if necessary.

As previously communicated, the mediation process will involve an independent mediator, William Kaplan, who will work with both parties to find common ground and reach an agreement. Should mediation not result in a resolution, we will proceed to binding arbitration, where a final and legally binding decision will be made.

Advocating for the interests of Local 4070 members remains the top priority of the Executive Board. This includes representing WestJet Mainline, Integrated Swoop Cabin Crew (their certificate is named in the CIRB Application made by WestJet and is currently under an interim MOA only), and Encore Cabin Crew. We recognize the complexity of the seniority issue, and we are committed to ensuring that the interests of all memberships under Local 4070 are vigorously represented.

Resources to support Local 4070:

In our ongoing efforts to advocate for the interests of Local 4070, we have, after careful consideration and consultation with our external legal counsel M. Church of Caley Wray, we have secured independent experts to support our team. This strategic move is intended to ensure that every aspect of our position is thoroughly and effectively represented.

We are also grateful for the continued collaboration and support from WestJet ALPA during this process.

As we enter a more sensitive phase of the legal proceedings, please understand that details of our strategy and position must be handled with a high degree of sensitivity. Rest assured, we are fully committed to protecting and advancing the interests of all our members.

CIRB Case Management Hearing Update:

We were originally scheduled to attend a Case Management Hearing this week, as previously communicated. However, due to scheduling conflicts among some parties, the hearing was rescheduled for today. Unfortunately, last night, the CIRB informed us that the hearing has been canceled due to the ongoing CN/CP strike. The hearing will be rescheduled for next week.

We understand that this process may cause some uncertainty, but please rest assured that we are fully committed to securing the best possible outcome for our membership.

We will continue to keep you informed as we progress through these stages. If you have any questions or concerns, please reach out.

Thank you for your continued support and professionalism.

Your CUPE 4070 Executive Team
CUPE 4070 President - Alia Hussain
CUPE 4070 Vice-President - Bryan Hansraj - Interim
CUPE 4070 Secretary-Treasurer - Alex Grigoriev
CUPE 4070 Recording Secretary - Calvin GautschiWestJet YVR/ YEG Base VP - Chris Brewer
WestJet YYC Base VP - Lisa Blayney - Interim
WestJet YWG Base VP - Bryan Hansraj - Interim
WestJet YYZ Base VP - Chris Amaddeo - InterimWestJet Encore YYC Base VP - Heather Crippen
WestJet Encore YYZ Base VP - Marcus Johnston-McKinney

Chris Amaddeo 2024-08-14 Chris Amaddeo 2024-08-14

Seniority Update #2

Dear Members,

On August 12, 2024, Arbitrator William Kaplan held a Case Management hearing with the Joint Merger Committee at the request of CUPE Local 4055. This hearing included representatives from CUPE National, CUPE 4070, CUPE 4055, and the Company. The primary outcome of this meeting has greatly accelerated the Integration process's progression.

Background and Context:

The Joint Merger Committee was established as the primary avenue to resolve the complexities involved in merging the seniority lists and other key issues within the WestJet Application to the CIRB. The goal has always been to reach a resolution through collaboration and mutual agreement within this committee. Arbitration was intended as a last resort, to be used only if the committee could not reach an agreement after exhausting all other options.

Request for Postponement:

CUPE Local 4070 requested a postponement of the scheduled dates for several important reasons:

Preliminary Stages: The Joint Merger Committee is still in the early stages of its process. No Terms of Reference have been agreed upon, and no substantive exchange of information has occurred.

Arbitration Protocol: The arbitration protocol, which is meant to define the scope and limitations of the Arbitrator's role, has not been finalized.

Data Requests: The Local 4070 Executive has not yet received the necessary data and information to make informed decisions regarding the Integration of the two Seniority Lists. Both Locals had initially mutually agreed that they would not be signing restrictive NDAs under the direction of CUPE National.

Local 4070 made the independent decision to sign a Non-Disclosure Agreement (NDA) to gain access to the information necessary for evaluating all relevant aspects and presenting an informed position on seniority.

Rescheduled Integration Date: The Company has pushed the integration date to April 2025, further complicating the timeline. CUPE Local 4070 agreed to the original arbitration dates due to the original Fall deadline this year.

Outcome of the Hearing:
Despite these concerns, the request for postponement was not granted. CUPE 4055, CUPE National and WestJet were not willing to delay the process.

As a result, the Arbitrator determined that:

Information Sharing: All parties must collaborate to ensure that the necessary information is exchanged in a timely manner. This is essential for the parties to prepare and exchange briefs.

Progress Monitoring: The parties must regularly check in to confirm that the information exchange is taking place as needed.

Mediation and Arbitration: The dates set will now be used for mediation concerning the Seniority lists. If mediation does not lead to a resolution, the issue will move to arbitration, where the Arbitrator will make a binding decision.

Clarification on Arbitration:

It's important to emphasize that arbitration was never intended to be the primary method for resolving these issues. The Joint Merger Committee was created to allow for a cooperative and mutually agreed-upon resolution. Moving to arbitration represents a shift from the original intent, which was to avoid such a legally binding and adversarial process unless necessary.

Next Steps:

This development will be reported to the Canadian Industrial Relations Board (CIRB) during our Case Management Hearing on August 20, 2024. We are currently awaiting crucial data from the Employer and research from CUPE National. Until this information is received, we are unable to submit a complete brief.

Important Dates:

Case Management with CIRB: August 20th,2024
Joint Merger Committee Meeting: August 20th and 21, 2024 *tentative awaiting CUPE National and CUPE 4055 agreement to adjust dates.
Mediation with William Kaplan: Scheduled for September 10th-14th in Toronto, where your entire Executive Board will attend.
Arbitration with William Kaplan: If mediation does not yield a resolution, arbitration will follow. The Arbitrator's decision will be binding on all parties. This will be scheduled no later than 30 days after the last mediation date.

We want to assure you that we are fully committed to keeping the membership informed on this matter. As developments unfold, we will provide timely updates.

Q&A: Understanding the Merger Process and Related Legal Concepts

Question: What is the purpose of the Joint Merger Committee?

Answer:

The Joint Merger Committee was created to address the complexities involved in merging seniority lists and resolving other key issues within the WestJet Application to the Canadian Industrial Relations Board (CIRB). The goal was to reach an agreement through collaboration and mutual consent. Arbitration was only intended as a last resort, to be used if the committee cannot reach an agreement after all other options have been exhausted.

Question: What is Mediation?

Answer:

Process: Mediation is a process in which a neutral third party, known as the Mediator, helps the involved parties communicate and negotiate to reach a mutually acceptable resolution.

Outcome: Unlike arbitration, the Mediator does not have the authority to make a binding decision. Instead, the Mediator facilitates discussions, helping the parties find common ground and resolve their dispute voluntarily.

Role of the Mediator: The Mediator's role is to guide the conversation, clarify issues, and explore potential solutions. However, the final agreement is ultimately up to the parties involved.

Question: What is Arbitration?

Answer:

Process: Arbitration involves an Arbitrator, who acts similarly to a judge, hearing evidence and arguments from both parties.

Outcome: The Arbitrator makes a binding decision, known as an "award," which is enforceable in court. The process is like a court trial but is generally less formal and faster.

Role of the Arbitrator: The Arbitrator's role is to listen to both sides, evaluate the evidence, and decide based on legal principles. This decision is final and legally binding, meaning the parties must comply with it.

Question: Why was arbitration never intended to be the primary method for resolving these issues?

Answer:

Arbitration was meant to be a last resort because it involves a legally binding and often adversarial process. The intent of the Joint Merger Committee was to allow for a cooperative, mutually agreed-upon resolution through dialogue and negotiation. Moving to arbitration represents a significant shift from this original intent, as it leaves the final decision in the hands of an Arbitrator rather than the parties themselves.

Question: What is the scope of the arbitration with Arbitrator Kaplan?

Answer:

The current arbitration process with Arbitrator Kaplan has been specifically initiated to address the issue of seniority integration between the parties involved. WestJet’s application to the CIRB raises other significant questions, such as determining who the surviving bargaining agent is and matters related to the collective agreements of the two CUPE Locals.

It has been Local 4070's position that these broader issues are not within the scope of Arbitrator Kaplan's mandate. His focus is solely on resolving the seniority matter, and any decisions or discussions regarding the bargaining unit or collective agreement should be addressed separately and are not part of this arbitration process.

Question: What is the difference between a merger and an acquisition, and does it affect workers' rights under the Canada Labour Code?

Answer:

Difference: A merger typically involves the combination of two companies into one new entity, while an acquisition involves one company taking control of another. Despite these structural differences, the rights of workers under the Canada Labour Code remain the same in both scenarios. In the Case of Sunwing Airlines it is being acquired into WestJet Airlines.

Impact on Rights: Regardless of whether the situation is a merger or an acquisition, employees in Canada are entitled to the same protections under the Canada Labour Code. These rights include protections related to seniority, collective bargaining, and other employment terms, ensuring that workers' rights are upheld during any organizational change. These rights are what are being determined in these proceedings.

Question: Why did Local 4070 decide to sign a Non-Disclosure Agreement (NDA)?

Answer:

Local 4070 made the independent decision to sign an NDA to access the information necessary for evaluating all relevant aspects and presenting an informed position on seniority. This decision was made despite a prior mutual agreement between both Locals, under CUPE National's direction, that restrictive NDAs would not be signed. We understand that Local 4055 had already developed a seniority position and was prepared to present it to the Committee without the data—Local 4070 did not hold a similar position.

Thank you for your attention to this important update. Please continue to monitor your emails for updates.

Respectfully,
Your CUPE 4070 Executive Team
CUPE 4070 President - Alia Hussain
CUPE 4070 Vice-President - Bryan Hansraj - Interim
CUPE 4070 Secretary-Treasurer - Alex Grigoriev
CUPE 4070 Recording Secretary - Calvin GautschiWestJet YVR/YEG Base VP - Chris Brewer
WestJet YYC Base VP - Lisa Blayney - Interim
WestJet YWG Base VP - Bryan Hansraj - Interim
WestJet YYZ Base VP - Chris Amaddeo - InterimWestJet Encore YYC Base VP - Heather Crippen
WestJet Encore YYZ Base VP - Marcus Johnston-McKinney

Chris Amaddeo 2024-08-09 Chris Amaddeo 2024-08-09

Update on Merger Discussionswith Joint Merger Committeesand Canada Industrial Relations Board (CIRB)summons all parties

Dear Members,

This update contains information about the ongoing integration process following WestJet’s acquisition of Sunwing. We understand that this is a complex and potentially sensitive issue, and we want to ensure that all members are fully informed. If you have any questions or concerns after reading this update, please contact us directly. Click Here

We would also like to remind all members that Sunwing is now part of the WestJet group of companies, and as such, the company's Code of Conduct applies to all of us. We kindly ask that you remain mindful of this when discussing work-related matters in any context. You're understanding and cooperation in this matter is greatly appreciated. We are committed to keeping you informed throughout this process and addressing any concerns you may have through the appropriate channels.

Thank you for your attention to this important update.

Respectfully,
Your CUPE 4070 Executive Team
CUPE 4070 President - Alia Hussain
CUPE 4070 Vice-President - Bryan Hansraj - Interim
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 - Bryan Hansraj - Interim
WestJet YYZ Base VP - Chris Amaddeo - Interim

WestJet Encore YYC Base VP - Heather Crippen
WestJet Encore YYZ Base VP - Marcus Johnston-McKinney

Joint Merger Committee Update:

On Friday, July 26th, we convened to continue our discussions in the Joint Merger Committees. During this meeting, we were presented with seniority modeling from CUPE National research, which is an important step in understanding the implications of the merger on both Memberships.

We then moved to discussing the nature of our employment contracts, some of the differences between our business models, career expectations and concluded the day by discussing our next meeting dates which were to be August 20th and 21st whereby we intended to continue discussion and establish a deeper understanding of each parties interest(s) as part of our obligations under the process.

These meetings are part of a parallel process with the CIRB proceedings that WestJet initiated earlier this year. This process was established by CUPE National as the Certificate holder of both Locals. This forum's intention is to allow for representation of each group’s interests on the subject of the integration between WestJet and Sunwing.

CIRB Summons: Case Management Hearing August 20th, 2024

The aforementioned Joint Merger Committee meeting that was previously scheduled for August 20 has been canceled and instead, we will be meeting with the CIRB via Zoom for a Case Management meeting. A Case Management Meeting is an important preliminary step in the CIRB's dispute resolution process. During this meeting, representatives from all parties involved will meet with a CIRB officer or panel member to discuss the case. We will be sharing more comprehensive information on what the Case Management process is in a Learning Series Update to be released shortly.

The main objectives of this meeting are to:

Clarify the key issues
Establish timelines for various procedural steps
Determine the most effective way to proceed

While this is not a formal hearing and no final decisions will be made on the merits of our case, it is a crucial step in the process which will allow for discussion on potential areas of agreement, allow for the setting of dates for document exchange and witness lists, and an opportunity to explore a potential settlement.

This meeting helps streamline the CIRB's process, potentially saving time and resources for all parties involved. It also ensures that everyone is properly prepared for the next steps in the proceedings.

Cupe Local 4070 retained external legal counsel- Michael Church to represent its interests for the process.

Pilots Case Management: ALPA/ Unifor

As a Local along with our External Legal Counsel we have been closely monitoring the scenario on the Pilots side as while there are several notable differences there is also significant common ground.

Overview of CIRB Order:

The CIRB has previously certified the Air Line Pilots Association, International (ALPA) as the bargaining agent for pilots at WestJet, and Unifor as the bargaining agent for pilots at Sunwing Airlines.

Following WestJet's acquisition of Sunwing, the Board has determined that a consolidated bargaining unit of all pilots at both airlines is appropriate. The Board has decided that ALPA will be the bargaining agent representing this consolidated unit.

The Board has ordered the following:

A sole arbitrator will determine the integration of the seniority lists of pilots at WestJet and Sunwing.

The Collective Agreement between Unifor and Sunwing will be extended to November 30, 2025 or until the last Sunwing pilot transfers to WestJet, whichever occurs first.

The wages of Sunwing pilots will be increased and aligned with the wages of WestJet pilots.

Sunwing pilots who are bypassed for transfer to WestJet will receive certain protections against layoff.

ALPA will be recognized and certified as the bargaining agent for all pilots at WestJet and Sunwing as of November 30, 2024.

The Board remains seized of this matter to address any unresolved integration issues.

Next steps:

We remain committed to ensuring that all members are informed and included in these discussions as we carefully navigate our way through this significant transition. We appreciate your ongoing support and patience during this time.

Please feel free to reach out with any questions or concerns you may have.