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Recall Notice - WestJet (WS) Members - October 2021
Dear Members,
The Company has advised the Union of recall for WestJet (WS) Members during the month of October 2021:
WS recall to all three (3) bases (YYZ / YYC / YVR)
Notices of recall and contingent notices of recall will be released by the Company later today, Friday August 27, 2021.
This recall will not be expedited, meaning Members will have the full seven (7) days to respond to the recall notice as per Article 47 of the Collective Agreement.
Failure to accept or decline a 7 day recall will end your employment.
Members will be recalled to their base on a specific date during October 2021 to facilitate required training. The exact recall date will be base specific and will be indicated on your recall or contingent recall notice from the Company.
To ACCEPT or DECLINE Recall:
1) Check the personal email account that you have most recently registered with the Company related to your inactive status. If you need to change the email address on file with the Company, please contact peopleservices@westjet.com.
2) Ensure to check your ‘spam/junk’ folder, just in case.
3) The Company will provide an official recall notice, or contingent recall notice to eligible Members’ personal email address on file.
Schedules following any mandatory training in October will be assigned based on what is available.
Company Seniority List vs. Master Seniority List:
This recall will use the Company Date-of-Hire List. The work to conclude the disputes submitted for the MSL is almost complete. The final MSL will be released soon. At that time the Union will advise the Membership of the final date of effect of the MSL
Please reach out to the Union at www.cupe4070.ca/contact should you have further questions.
In Solidarity,
Your CUPE 4070 Executive Team
CUPE 4070 Statement on Federal Mandatory Vaccine Requirement
Dear Members,
As you have most likely heard, Canada’s federal government recently announced that all federally regulated workers in Canada (which includes all Canadian air carriers and our Membership) will be required to be vaccinated against COVID-19. This requirement is set to take effect on October 30, 2021.
Since this announcement, the CUPE 4070 Executive leadership has been in contact with Transport Canada, CUPE National as well as in joint consultation with the Airline Division Council of Presidents (ADCP) from the 9 other airlines in Canada represented by CUPE; in order to gather all necessary information related to this policy announcement from the federal government.
In order to be compliant with this federal requirement, the Employer will need to develop policies related to vaccination. At this time the Union has not yet been contacted by the Employer in relation to such policies. Please be assured that prior to the release of any related policy, your Union will be involved and will include CUPE National Legal in all discussions to ensure our Members’ interests are represented.
We will communicate further with the Membership when more details are known, and we have specific information to share.
As always, if you require assistance from your Union, please contact us: www.cupe4070.ca/contact.
In Solidarity,
Your CUPE 4070 Executive Team
Workforce Update (WS) - September 2021
Dear Members,
Below is the summary of recalls that are occurring at WestJet (WS) in September 2021 that have now been awarded.
WestJet (WS) Recall - September 2021:
***CORRECTION***
It was stated in the Union’s WestJet (WS) Recall Notice released on 10-AUG-2021 that Members being recalled will bid for and hold a full block award for the October 2021 block month onward.
This was an error and the Union apologizes for the incorrect information.
Any Member recalled in September 2021 will be able to bid for their block month as of November 2021 onward.
***CORRECTION***
As always, if you require assistance from your Union, please contact us: www.cupe4070.ca/contact.
In Solidarity,
Your CUPE 4070 Executive Team
CUPE 4070 Statement on WestJet’s Request for Immediate Assistance at YYC
We urge every Member of CUPE Local 4070 to refrain from volunteering for wheelchair assistance duty.
Dear Members,
Yesterday, Colleen Tynan - Vice-President, Airports at WestJet released an appeal to employees, including CUPE Local 4070 Members to “sign up to help guests requiring wheelchair assistance in YYC…”
While the Union is aware of the operational struggles currently facing all three of the airlines that we represent; we do not believe that free labour through volunteerism, nor our Members completing work that should rightly be performed by another unionized labour group within our Company, is an appropriate solution.
Unifor was recently certified by the Canada Industrial Relations Board (CIRB) as the sole legal representation and bargaining agent of WestJet’s ground agents at both YVR and YYC. Asking our Members who are similarly unionized to step in and do their work for free is something that any trade union will always stand up and say no to.
Options open to the Company include rehiring GSAs and ground personnel that were permanently laid off at the Company’s discretion during the pandemic. This would create meaningful union jobs, and contribute towards creating employment in our sector. Instead - the Company is imploring you to provide free, volunteer and zero-cost labour. THIS IS UNACCEPTABLE.
Additionally, your Health & Safety Committee would like to remind every member that pushing wheelchairs is NOT a part of our Members’ job scope. As a result no risk/job assessment or training related to these duties has been conducted, and there is a significant chance of injury from improper pushing or pulling to our Membership.
We urge every Member of CUPE Local 4070 to refrain from volunteering as requested.
We must stand strong with our union brothers and sisters from WestJet recently unionized with Unifor at the Calgary International Airport.
#INSOLIDARITY
As always, if you require assistance from your Union, please contact us: www.cupe4070.ca/contact.
In Solidarity,
Your CUPE 4070 Executive Team
Reminder: WS September 2021 Recall - Closing in 48 Hours
Dear Members,
This is a reminder from your Union that the WestJet (WS) Recall response window for the September 2021 Recall closes in forty-eight (48) hours.
This Notice is being sent to ALL WestJet (WS) Members with a personal email registered with the Union. Receiving this Notice from the Union does not indicate that you have personally been sent a Notice of Recall from the Employer.
Please verify via the most recent email address that you have registered with the Employer to determine if you have received a Notice of Recall. We suggest you check your ‘Junk’ folder - just in case.
To avoid end of employment, you must respond either Accept or Decline (defer) if you have been sent a Notice of Recall.
Please read ALL of the below ALERTS related to (WS) Recall:
Please do not hesitate to reach out to the Union should you have further questions at: www.cupe4070.ca/contact.
In Solidarity,
Your CUPE 4070 Executive Team
Education Committee Scholarship
Dear Members,
Your CUPE 4070 Education Committee is pleased to inform you that we have posted the Application Form for Scholarships:
WestJet
3 Scholarships in the sum of $500.00
WestJet Encore
2 Scholarships in the sum of $500.00
Swoop
1 Scholarship in the total of $500.00
To apply you must:
Be a Member in Good Standing.
Enrolled/accepted to the 2021-2022 academic year.
Studying in Canada in a public or private institution.
Submit a completed application and submit proof of enrolment/acceptance to: education@cupe4070.ca
The deadline to apply is August 30, 2021. Awards will be decided by September 10, 2021 and successful applicants will be contacted via phone or e-mail by September 15, 2021.
In Solidarity,
Your CUPE 4070 Education Committee
Recall Notice - WestJet (WS) Members - September 2021
The Company has advised the Union of recall for WestJet (WS) Members during the month of September 2021.
Dear Members,
The Company has advised the Union of recall for WestJet (WS) Members during the month of September 2021:
● WS recall to all three (3) bases (YYZ / YYC / YVR)
● Notices of recall and contingent notices of recall will be released by the Company later today, Tuesday August 10, 2021.
● This recall will not be expedited, meaning Members will have the full seven (7) days to respond to the recall notice as per Article 47 of the Collective Agreement.
● Failure to accept or decline a 7 day recall will end your employment.
● Members will be recalled to their base on a specific date during September 2021 to facilitate required training. The exact recall date will be base specific and will be indicated on your recall or contingent recall notice from the Company.
● Members being recalled will bid for and hold a full block award for the October 2021 block month onward.
To ACCEPT or DECLINE Recall:
1) Check the personal email account that you have most recently registered with the Company related to your inactive status. If you need to change the email address on file with the Company, please contact peopleservices@westjet.com.
2) Ensure to check your ‘spam/junk’ folder, just in case.
3) The Company will provide an official recall notice, or contingent recall notice to eligible Members’ personal email address on file. Schedules following any mandatory training in September will be assigned based on what is available.
Company Seniority List vs. Master Seniority List:
This recall will use the Company Date-of-Hire Seniority List as the dispute period for the Master Seniority List (MSL) is still open. Upon conclusion working through all disputes submitted, the Union and Employer will advise the Membership of the final date of effect of the MSL.
Please do not hesitate to reach out to the Union at www.cupe4070.ca/contact should you have further questions.
In Solidarity,
Your CUPE 4070 Executive Team
Trial Procedure - Update #2
Dear Members,
As many of our Members are aware, three of our Local 4070 Executives were called as respondents in two separate trial complaints under Appendix F of the CUPE National Constitution. Trial -02 was held on July 13, 2021 with Kruti Sutaria, Local 4070 Secretary-Treasurer, Marco Di Virgilio, Local 4070 Recording Secretary, and Chris Rauenbusch, Local 4070 President, as respondents. A Trial Procedure Update for Trial -01 was sent to the Members on August 2, 2021.
Purpose
“The purpose of the Trial Procedure is to provide members in good standing an internal process to have complaints against other members dealt with in a fair and impartial manner. The Trial Procedure is not to be used for political gain or to resolve interpersonal conflict which does not have a foundation in one of the enumerated offences outlined in Section F.1.
Members are expected to attempt to deal with issues prior to resorting to file a complaint. Concerns are best resolved when members discuss the issues amongst themselves and arrive at mutual solutions. This can be accomplished either through one on one conversation or through facilitated/mediated discussions.
The use of mediation can occur at any time once a complaint is filed, including during a trial.”
- CUPE Constitution Appendix F
Decision
The decision in Trial -02 was presented to the respondents on August 5, 2021 and is outlined below:
THAT Mr. Chris Rauenbusch step down and/or be removed from his position of President of CUPE Local 4070 immediately and banned from holding any type of Leadership/Executive position within CUPE Local 4070 until 2024.
THAT Mr. Chris Rauenbusch provide a letter to the membership that speaks specifically to his decision to step down and/or removal so as to avoid any potential membership backlash for any specific individual(s).
THAT Ms. Kruti Sutaria step down and/or be removed from her position of Secretary Treasurer of CUPE Local 4070 immediately and banned from holding any type of Leadership/Executive position within CUPE Local 4070 until 2023.
THAT Mr. Marco Di Virgilio provides a letter of apology to the complainant.
THAT Mr. Chris Rauenbusch, Ms. Sutaria and Mr. Marco Di Virgilio engage in specific sensitivity training that provides a focus on harassment and the impact of abuse and trauma specifically towards women.
Appeal Process
There is an appeal process available to respondents as outlined in the CUPE National Constitution F.6.
“The respondent can appeal a finding of guilt and any penalty or order by sending a written appeal to the National President. The appeal must be made within 30 days of when the decision of the Trial Committee was reported to the respondent. The complainant cannot appeal the decision of the Trial Committee.”
- CUPE Constitution Appendix F.6(a)
As per the Constitution, this process can take up to one hundred and twenty (120) days from the date that the respondent(s) were notified of the decision of the Trial Panel.
Should any respondent choose to appeal; it is important to note the following from the CUPE National Constitution:
“The penalty or order of the Trial Committee will not be enforced until:
(i) the Appeal Panel has made its decision;
(ii) the respondent gives up the right to appeal; or
(iii) the respondent fails to appeal the decision of the Trial Committee as set out in Section F.6 (a) and (b).”
- CUPE Constitution Appendix F.6(h)
To find more information on the Trial Procedure process, please reference Appendix F of the CUPE National Constitution.
Conclusion
CUPE National Constitution F.5(k) outlines that the decision of the Trial Panel will be recorded in the minutes of the next General Membership Meeting. Our Membership will continue to be updated as more information becomes known related to both Trials –01 and –02. Please be assured that the entire Executive continues to operate with the sole focus on supporting our Membership in the workplace, and as recovery from the pandemic continues to unfold.
In Solidarity,
Your CUPE 4070 Executive Team
CUPE Airline Division - COVID-19 Vaccines
COVID-19 has grounded much of the airline industry for over a year. Canada has been fortunate to receive increased supply of COVID-19 vaccines and has accelerated second doses for individuals choosing to get vaccinated.
Dear Members,
COVID-19 has grounded much of the airline industry for over a year. Canada has been fortunate to receive increased supply of COVID-19 vaccines and has accelerated second doses for individuals choosing to get vaccinated.
CUPE’s Airline Division would like to survey its members to see if members are getting vaccinated. This information will give us an idea of what types of issues may arise for our airline locals (ex: employer vaccination policies, accommodation requests, scheduling changes). This information will help the Airline Division strategize our recovery plan.
If you are interested in reading CUPE’s vaccination information you can go to:
https://cupe.ca/covid-19-vaccination-workers-rights
https://cupe.ca/covid-19-vaccines-frequently-asked-questions
Please note that this survey is completely voluntary. You may choose to exit the survey at any time and not submit your answers. This survey is anonymous and there is no data collected that can link a response to an
individual.
You can access the survey here:
https://survey-sondage.cupe.ca/index.php/497793?lang=en
Vous pouvez accéder au sondage ici :
https://survey-sondage.cupe.ca/index.php/497793?lang=fr
To review the full communication in English and French, please click here.
In Solidarity,
Airline Division Council of Presidents (ADCP)
Trial Procedure - Update
As many of our Members are aware, three of our Local 4070 Executives were called as respondents in two separate trial complaints under Appendix F of the CUPE National Constitution. Trial -01 was held on July 12, 2021 with Marco Di Virgilio, Local 4070 Recording Secretary, and Chris Rauenbusch, Local 4070 President, as respondents.
Dear Members,
As many of our Members are aware, three of our Local 4070 Executives were called as respondents in two separate trial complaints under Appendix F of the CUPE National Constitution. Trial -01 was held on July 12, 2021 with Marco Di Virgilio, Local 4070 Recording Secretary, and Chris Rauenbusch, Local 4070 President, as respondents. Trial -02 was held on July 13, 2021 with Kruti Sutaria, Local 4070 Secretary-Treasurer, Marco Di Virgilio, Local 4070 Recording Secretary, and Chris Rauenbusch, Local 4070 President, as respondents.
Purpose
“The purpose of the Trial Procedure is to provide members in good standing an internal process to have complaints against other members dealt with in a fair and impartial manner. The Trial Procedure is not to be used for political gain or to resolve interpersonal conflict which does not have a foundation in one of the enumerated offences outlined in Section F.1.
Members are expected to attempt to deal with issues prior to resorting to file a complaint. Concerns are best resolved when members discuss the issues amongst themselves and arrive at mutual solutions. This can be accomplished either through one on one conversation or through facilitated/mediated discussions.
The use of mediation can occur at any time once a complaint is filed including during a trial.”
- CUPE Constitution Appendix F
Decision
The decision in Trial -01 was presented to the respondents on July 27, 2021 and is outlined below:
THAT Mr. Chris Rauenbusch step down and/or be removed from his position of President of CUPE Local 4070 immediately and banned from holding any type of Leadership/Executive position within CUPE Local 4070 until 2024.
THAT Mr. Chris Rauenbusch provide a letter to the membership that speaks specifically to his decision to step down and/or removal so as to avoid any potential membership backlash for the complainant.
THAT Mr. Marco Di Virgilio provide a letter of apology to the complainant.
THAT Mr. Chris Rauenbusch and Mr. Marco Di Virgilio engage in specific sensitivity training that provides a focus on harassment and the impact of abuse and trauma specifically towards women.
The decision in Trial -02 is still pending and we will communicate with you once it has been rendered.
Appeal Process
There is an appeal process available to respondents as outlined in the CUPE National Constitution F.6.
“The respondent can appeal a finding of guilt and any penalty or order by sending a written appeal to the National President. The appeal must be made within 30 days of when the decision of the Trial Committee was reported to the respondent. The complainant cannot appeal the decision of the Trial Committee.”
- CUPE Constitution Appendix F.6(a)
As per the Constitution, this process can take up to one hundred and twenty (120) days from the date that the respondent(s) were notified of the decision of the Trial Panel.
Should any respondent choose to appeal; it is important to note the following from the CUPE National Constitution:
“The penalty or order of the Trial Committee will not be enforced until:
(i) the Appeal Panel has made its decision;
(ii) the respondent gives up the right to appeal; or
(iii) the respondent fails to appeal the decision of the Trial Committee as set out in Section F.6 (a) and (b).”
- CUPE Constitution Appendix F.6(h)
To find more information on the Trial Procedure process, please reference Appendix F of the CUPE National Constitution.
Conclusion
CUPE National Constitution F.5(k) outlines that the decision of the Trial Panel will be recorded in the minutes of the next General Membership Meeting. Our Membership will continue to be updated as more information becomes known related to both Trials –01 and –02. Please be assured that the entire Executive continues to operate with the sole focus on supporting our Membership in the workplace, and as recovery from the pandemic continues to unfold.
In Solidarity,
Your CUPE 4070 Executive Team
Workforce Update (WS) - August 2021
Below is the summary of recalls that occurred at WestJet (WS) in August 2021 that have now been awarded.
Dear Members,
Below is the summary of recalls that occurred at WestJet (WS) in August 2021 that have now been awarded. This has now been corrected.
WestJet (WS) Recall - August 2021:
As always, if you require assistance from your Union, please contact us: www.cupe4070.ca/contact.
In Solidarity,
Your CUPE 4070 Executive Team
WestJet CA - Article 15 Clarification
It has come to the Union’s attention that Article 15 of the Collective Agreement, specifically Article 15-5 Forfeiture of Seniority and how it applies to Article 47 Layoff and Recall, requires clarification.
Dear Members,
It has come to the Union’s attention that Article 15 of the Collective Agreement, specifically Article 15-5 Forfeiture of Seniority and how it applies to Article 47 Layoff and Recall, requires clarification.
Article 15-5.01 of the Collective Agreement reads as follows:
Except as otherwise stated in this Article, a Cabin Personnel shall be removed from the MSL and shall forfeit all rights at such time as:
a) They are no longer employed as a Cabin Personnel by the Company;
b) They are on layoff for a period greater than three (3) years;
c) They decline a recall opportunity, in accordance with Article 47 - Layoff and Recall;
d) They neglect to answer a recall opportunity, in accordance with Article 47 - Layoff and Recall
Clarification:
Article 15-5.01(c)(d) only applies to Article 47 Layoff and Recall when a Member does not answer either accepting or declining a 7-day recall OR they are the most junior on the Recall list and decline a recall, as outlined in Articles 47-5.04, 47-5.06, and 47-5.07.
A Member who does not answer a 7-day recall or declines a recall as the most junior on the recall list would be removed from the Master Seniority List and forfeit their seniority due to no longer being employed by the company.
Further to that, Article 47-5.10 of the Collective Agreement states:
Cabin Personnel shall continue to accrue seniority during the layoff period. Company service shall not accrue for any vacation entitlements, sick leave and pay progression purposes during the layoff period.
Deferring a recall opportunity will not remove you from the Master Seniority List, and will not cause you to stop accruing seniority.
Members have accrued and will continue to accrue time for seniority purposes while inactive (on furlough), regardless of deferring a recall opportunity.
In Solidarity,
Your CUPE 4070 Executive Team
Policy Grievance (WS-POL-2021-001)
Since the onset of the COVID-19 pandemic, researchers in the fields of economics, social sciences, and our brothers and sisters in labour have been sounding the alarm on the disproportionate impacts of the economic crisis on female workers.
“As formal and informal supply of childcare declines, the demand for unpaid childcare provision is falling more heavily on women, not only because of the existing structure of the workforce, but also because of social norms. This will constrain their ability to work, particularly when jobs cannot be carried out remotely. The lack of childcare support is particularly problematic for essential workers who have care responsibilities.” - UN Secretary-General’s policy brief: The impact of COVID-19 on women
Dear Members,
Since the onset of the COVID-19 pandemic, researchers in the fields of economics, social sciences, and our brothers and sisters in labour have been sounding the alarm on the disproportionate impacts of the economic crisis on female workers.
On June 18, 2021, the Union filed their first Policy Grievance (WS-POL-2021-001) with the Employer on behalf of all Westjet (WS) Local 4070 Members.
A policy grievance is unique, in that it does not represent an individual member, but rather, alleges a violation that impacts or could potentially impact all members in a Bargaining Unit. For that reason, we are not bound to the same confidentiality as we would be for an individual grievance affecting one specific member.
The Backstory
The airline industry is robustly recovering from the COVID-19 pandemic and recalls are occurring with regular frequency. However, other industries that were already limited and strained prior to the COVID-19 pandemic, such as childcare, have been slower to rebound.
The Union heard from many Members on protected leaves, such as maternity, parental and disability leaves, who had never been officially furloughed due to those protected leaves. These Members, upon notifying the employer that their leaves were set to end, were told that since they had never been furloughed, and because they would have received notice of recall prior to the end of their leave, they were now obligated to return to work.
Many of those Members were struggling to find childcare, or balance other care responsibilities in the home while returning to work. Some members, as a result, opted to end leaves early in order to be issued a layoff notice. This allowed them the same opportunity to safely retain their employment without having to return to work until they were the most junior employee in their base.
The Union approached the Employer several times over the last few months on behalf of these Members. We expressed repeated interest in working on a solution which would not result in hardship for individuals who found themselves in these situations. We were repeatedly met with an overall reluctance to provide simple solutions.
Needless to say, the Union believes this decision has a disproportionate adverse impact on women and mothers in our Membership, as they struggle to balance the immense responsibilities of child and family care with frontline jobs which they are unable to perform remotely.
The Grievance
After filing the Grievance, the Union met with the Employer on July 6, 2021 for the grievance hearing. We took the opportunity to detail the challenges our Members faced in their personal lives due to the COVID-19 pandemic.
The Union was willing to work with the Employer and offered a variety of available and creative solutions that would adequately support the needs of these Members; including but not limited to Unpaid Leaves of Absence until the members were most junior on the recall list and the Canadian Caregiver Recovery leave.
The Union maintained there is no monetary or operational hardship to the Employer working with us on this issue. These Members are aware that they are not eligible for compensation under CEWS or from the Employer themselves and with the number of Members that still remain on layoff, and many eager to return to work, we argue their continued absence would create no hardship for the Company. These Members simply need time to allow every-day life to recover post-pandemic before they return to work.
On July 19, 2021, the Employer denied the Grievance and requested the Grievance be withdrawn.
The Union was, admittedly, stunned by this response. Leaning on technicalities around layoffs and protected leaves, the Employer maintained that their hands were tied. The Union reminded them that we had identified these technical concerns in the hearing, and had clearly indicated a willingness to work together on any solution which would adequately provide for equal opportunity to members in this situation.
The Union met with CUPE Legal Counsel on July 21, 2021 and discussed our intention to arbitrate the denial of the Policy Grievance. This matter is scheduled to be reviewed by the Grievance Committee on July 27th.
If you are impacted by this decision, we urge you to provide details on your situation to the Union. Reach out to your Base VP, outlining any pertinent information, copying your Lead Steward and CUPE National Representative.
For Members in Calgary:
Brigitte.Benoit@cupe4070.ca; Jamie.loiselle@cupe4070.ca; vodell@cupe.ca
For Members in Toronto:
Chantale.Tremblay@cupe4070.ca; Jamie.loiselle@cupe4070.ca; vodell@cupe.ca
For Members in Vancouver:
Crystal.Hill@cupe4070.ca; Jamie.loiselle@cupe4070.ca; vodell@cupe.ca
If you would like to read the full report from the UN Secretary-General about the impact of COVID-19 on women and girls, please click here.
In Solidarity,
Your CUPE 4070 Executive Team
WS MSL Update
There continues to be a lot of discussion and concern about the Master Seniority List (MSL). Many Members have asked that we explain this concisely in a communication, this note is to explain the decisions made to develop the list as presented. We also want to let you know what our options were, and the reasons for the choices we made.
Dear Members,
There continues to be a lot of discussion and concern about the Master Seniority List (MSL). Many Members have asked that we explain this concisely in a communication, this note is to explain the decisions made to develop the list as presented. We also want to let you know what our options were, and the reasons for the choices we made.
How we got here
Over the past 25 years, we've worked with ever changing and confusing rules about service and seniority. At different times, these rules included:
1. The option to leave the department for different lengths of time (ranging from 6 to 12 months) while maintaining or accruing years of service
2. Being able to leave the Company for periods of time while maintaining or accruing years of service
3. "One off" emails and conversations with managers, allowing some employees the option of leave while maintaining or accruing years of service
4. Giving previous Inflight Leadership the option to approve lapse in qualifications with unbroken years of service. This was the situation under the old WCCA agreement.
Employees made career and life decisions under confusing, changing and sometimes inconsistent guidelines.
It gets even more difficult: some individuals had to re-train after an absence. Company records are (as a result of these inconsistent rules) not always accurate.
The position of the union, as expressed by Members in surveys and discussions, is simple. Seniority and service start with training. Breaks in service to work elsewhere sever a member's rank on the list.
Going forward, that training date will be the date used. But for service to this date, the issue boiled down to using the first training date, or using the most recent training date. *It is also important to note that Company records do not accurately reflect a consistent set of rules, approvals or parameters applied to any one CCM at any given time.
The role of the bargaining committee and the executive
The local bylaws state that a Bargaining Committee disbands once a collective agreement is signed. In this case, the executive asked the committee to stay on and build the Master Seniority List.
The parameters in which the Master Seniority List would be created was presented to the Executive. The Executive identified the issue of inaccuracies and inconsistencies in employee records. We noted that a large number of Members would be disadvantaged using the most recent IAT. Members who have never left the department would lose a significant amount of time as reflected in their years of service.
Collective Agreement Language
The contract reads:
15-4.01 Cabin Personnel seniority shall begin to accrue at the date of successful completion of in-class initial training. If the seniority date of two (2) or more Cabin Personnel is the same, the Cabin Personnel with the lower employee number shall have more seniority.
We are limited by this language. We cannot add language where there isn’t any in the Collective Agreement. We received legal advice that the decision has to be applied to all Members or none. We have no option to start using cumulative years of inflight service. The contract only speaks to how cabin personnel are attributed on the list. Namely, “successful completion of in-class initial training.” The contract doesn’t say which completion of in-class initial training (for Members who had multiple training).
The Options
*Option 1 included language that is not in compliance with the CA.
To review an initial draft of Option 1 MSL parameters and to gain more insight on where Option 2 came from, click here.
The Executive discussed leaving the list as the Bargaining Committee created it. This still left many Members losing many years of service in the inflight department. The Executive deliberated and voted to create the Master Seniority List using the first IAT date. This option creates a situation where a handful of Members who intentionally left the company or department gain rank. But it also ensures that the rest of the membership sees a fair reflection of their time in inflight.
Upon further review of “Option 1”, we discovered many other administrative issues with placement on the list that are also not reflected in employment records. In the absence of reliable and complete employee files, the Executive came to the conclusion that the only responsible way to build the MSL was to move forward with first IAT and not retroactively apply language.
If Employee records accurately reflected changes in parameters for accrual of time served, there would be more options available. The Executive determined the least amount of harm would be to grant Members who had never left inflight department their years of service when creating the very first Master Seniority List, even if it meant that a handful of Members be given years of service for intentionally leaving the department or company.
Seniority from other parts of WestJet
There are Members who would like to carry service from other departments, WestJet Encore or Swoop into this contract. Attempts were made to align bargaining committees from all 3 units. But these efforts were unsuccessful. Until we go through another round of bargaining, this is not an option available to us.
Conclusion
We understand the frustration about the handful of Members who ‘unfairly’ benefit from using the first IAT date. But the alternatives result in many more losing significant years of inflight service.
This was not an easy decision, but it is based on union principles of solidarity.
In Solidarity,
Your CUPE 4070 Executive Team
MSL Townhall Reminder
Dear Members,
We ask that you join us at the live WS MSL Townhall today, Friday, July 16, 2021, at 12:00PT / 13:00MT / 15:00ET.
There is no need to register for the MSL Townhall and all WestJet Members are welcome.
CLICK HERE TO JOIN THE TOWNHALL
*If you are unable to attend, the WS MSL Townhall will be recorded and available to view on our website alongside an FAQ. To access the recording, which will be up on the web within 48 hours of the Townhall on Friday, you’ll need to log in to the portal using your credentials.
**If you need help with your Portal login, or to set up access to the CUPE4070 Web Portal, click here.
If you would like to participate without the Zoom App you can do so by using the numbers below:
Dial (for higher quality, dial a number based on your current location):
Canada: +1 647 558 0588 or +1 778 907 2071 or +1 204 272 7920 or +1 438 809 7799 or +1 587 328 1099 or +1 647 374 4685
Webinar ID: 962 6853 7490
International numbers available: https://zoom.us/u/ad2Tow5J
In Solidarity,
Your CUPE 4070 Executive Team
WS MSL Townhall (WS)
Dear Members,
Your WestJet Base VPs have received many questions and concerns regarding the WestJet Master Seniority List (MSL) and how it was constructed. We would like to take the opportunity to share some insight about how the MSL was created, what that process looked like, and answer your questions about the MSL.
Please join your CUPE Local 4070 Executive this Friday, July 16, 2021 at 12:00PT / 13:00MT / 15:00ET for a live MSL Townhall via Zoom.
There is no need to register for the MSL Townhall and all WestJet Members are welcome.
CLICK HERE TO JOIN THE TOWNHALL
*If you are unable to attend, the WS MSL Townhall will be recorded and available to view on our website alongside an FAQ within 48 hours of the Townhall. To access the recording, you will need to log in to the portal using your credentials.
**If you need help with your Portal login, or to set up access to the CUPE4070 Web Portal, click here.
If you would like to participate without the Zoom App you can do so by using the numbers below:
Dial (for higher quality, dial a number based on your current location):
Canada: +1 647 558 0588 or +1 778 907 2071 or +1 204 272 7920 or +1 438 809 7799 or +1 587 328 1099 or +1 647 374 4685
Webinar ID: 962 6853 7490
International numbers available: https://zoom.us/u/ad2Tow5J
We hope you can join us and we look forward to connecting with you!
In Solidarity,
Your CUPE 4070 Executive Team
Release of WestJet (WS) Master Seniority List
Dear Members,
After a tremendous amount of work behind the scenes in conjunction with the Company, we are pleased to inform you that today the first Master Seniority List (MSL) for WestJet (WS) will be published. Much of this work involved data gathering from paper/hard copy personnel files prior to electronic records being adopted by the Employer. Your patience awaiting the first MSL has been appreciated as the Parties ensured the utmost attention to accuracy in construction of the list.
The MSL has been formed based on the following:
- A Members’ date of completion of their first Inflight in-class training, or “IAT” at WS.
- If more than one Member has the same IAT date, the Member with the lower employee number shall have greater seniority.
Seniority accrual and removal on/off of the MSL will be in accordance with Article 15 of the Collective Agreement (CA) as of the ratification date of the CA (March 20, 2021).
In creating the starting point of the MSL, your elected Union Executive was tasked with the requirement to uphold the language contained in the CA. Compiling the first ever MSL must be done in a manner that is satisfactory with Canada Industrial Relations Board (CIRB) regulations, and is neither arbitrary nor targeted/punitive towards any individuals or groups. The MSL must respect the concept of time served Inflight, directed by the Membership as a bargaining priority.
The MSL will be the governing seniority list moving forward once the dispute period has concluded. The MSL will be finalized and re-published to the membership after all disputes have been reviewed and addressed.
Members who have concerns with their own seniority date, or any information related to themselves on the MSL (such as base, equipment, status or classification) will be able to submit a dispute to the Company as per deadlines as follows:
1) By July 18, 2021 at 23:59MT to have the dispute considered prior to the 2022 Vacation Bid period. The Company’s external software vendor for this first Vacation Bid under Article 46 of the CA requires the seniority list being used for this round of Vacation bidding to be at their headquarters by end of July.
2) Within thirty (30) calendar days from the date the MSL is posted, for all disputes not filed by the above noted deadline: by August 12, 2021 at 23:59MT.
As a reminder, and as per the CA - a Member may only dispute their own placement on the MSL. Disputes related to another Members’ placement on the MSL will not be considered by the Union and Company, and will not receive a response.
If you wish to file a dispute under either of the deadlines outlined above, please follow the link provided by the Company (“Master Seniority List Dispute form”) in their e-mail today (July 13, 2021) regarding the release of the MSL.
A copy of the most recent MSL will also always be posted to the Union website (www.cupe4070.ca) behind the Member Portal.
To set-up access to the Website Portal, please click on this email.
Should you have any questions or require further information, please contact the Union at www.cupe4070.ca/contact.
In Solidarity,
Your CUPE 4070 Executive Team
Reminder: WS August 2021 Recall - Closing in 48 Hours
Dear Members,
This is a reminder from your Union that the WestJet (WS) Recall response window for the August 2021 Recall closes in forty-eight (48) hours.
This Notice is being sent to ALL WestJet (WS) Members with a personal email registered with the Union. Receiving this Notice from the Union does not indicate that you have personally been sent a Notice of Recall from the Employer.
Please verify via the most recent email address that you have registered with the Employer to determine if you have received a Notice of Recall. We suggest you check your ‘Junk’ folder - just in case.
To avoid end of employment, you must respond either Accept or Decline (defer) if you have been sent a Notice of Recall.
Please read ALL of the below ALERTS related to (WS) Recall:
Please do not hesitate to reach out to the Union should you have further questions at: www.cupe4070.ca/contact.
In Solidarity,
Your CUPE 4070 Executive Team
Workforce Update (WS) - July 2021 Recall #2
Dear Members,
Below is the summary of recalls that occurred at WestJet (WS) in the second (2nd) round of July 2021 recalls that have now been awarded.
WestJet (WS) Recall - Round #2 July 2021:
Click here to review the WestJet (WS) Recall - Round #1 July 2021 email.
As always, if you require assistance from your Union, please contact us: www.cupe4070.ca/contact.
In Solidarity,
Your CUPE 4070 Executive Team
WestJet By-Election Vote Results
Dear Members,
Below are the results of all WestJet by-elections ending today.
WestJet (all Members):
Committee Against Racism and Discrimination (CARD)
Lindsay Poll 299 (32.4%)
Valerie Dupre 228 (24.7%)
Minh Ly 223 (24.2%)
Jaime Hernandez Delgado 172 (18.7%)
Women's Committee
Dawn Wieliczko-Wester 600 (63.6%)
Valerie Dupre 343 (36.4%)
A total of 943 Members voted in these elections.
WestJet YVR Base:
Scheduling Review Committee
Sarah Ferraro 145 (78.4%)
Nicole Jansen 40 (21.6%)
Uniform Committee
Nick Lainas 139 (75.1%)
Elizabeth Greene 46 (24.9%)
Commuter Committee
Corie Lyn Ives 154 (83.2%)
Elizabeth Greene 31 (16.8%)
A total of 185 Members voted in these elections.
WestJet YYC Base:
Scheduling Review Committee
Shelley MacDonald 254 (54.2%)
Lisa MacLellan 215 (45.8%)
Return to Work
Brandy Whitby 294 (62.7%)
Murray Marquis 175 (37.3%)
Temporary Bylaw Committee
Laura McDonald 296 (63.1%)
Sylvia Alves 173 (36.9%)
A total of 469 Members voted in these elections.
WestJet YYZ Base:
Scheduling Review Committee
Calvin Gautschi 190 (61.9%)
Natasha Kervin 117 (38.1%)
Commuter Committee
Julien Sauve 164 (53.4%)
Kerry Hoger 143 (46.6%)
A total of 307 Members voted in this election.
Congratulations to all Members elected to their Committee and thank you to all Members who took the time to participate in this Nomination and Election process.
For a recap of acclaimed positions, please review this email here.
Clerical Error:
During the voting period, we were made aware of a Member who was nominated that did not receive a confirmation of nomination email. This was investigated and the Member should have been sent one. I called the Member to apologize and to offer a solution. The solution was to re-run the election for this Committee and include her. The Member declined this offer. I would like to once again apologize to the Member from WestJet YYC. This was a regrettable situation that we endeavor to avoid in the future.
In Solidarity,
Marco Di Virgilio, Recording Secretary & Returning Officer - CUPE 4070