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CUPE 4070 - 2021 Election Update - Nominations Closing Today – NOV 6, 2021
Dear Members,
The CUPE Local 4070 nominations close today, November 6, 2021 at 15:00 PT / 16:00 MT / 18:00 ET.
For a preview of general Rules of Officers, please review SECTION 8 and for Committees SECTION 15 of our bylaws that are always accessible on our website HERE.
The following positions are open for nomination:
WestJet, WestJet Encore, & Swoop:
1x Vice President**
1x Secretary Treasurer**
1x 3-year Trustee***
**These positions are for a 2-year term, ending November 2023.
***This position is a 3-year term, ending November 2024.
WestJet:
1x YYZ Occupational Health & Safety Committee Member* (must be active)
1x YVR Occupational Health & Safety Committee Member* (must be active)
1x YVR Communications Committee Member*
1x YVR Based Steward*
1x YYZ Based Steward*
WestJet Encore:
1x YYC Bylaw Review Committee Member*
1x YYZ Bylaw Review Committee Member*
1x Communications Committee Member
1x Commuter Committee Member
1x Education Committee Member
1x Return to Work Committee Member
1x Women's Committee Member
9x YYC Based Stewards*
Swoop:
1x Committee Against Racism & Discrimination Committee Member
1x YEG Based Steward
1x YHM/YYZ Based Steward
*The nominee and the nominator must both be Members in Good Standing and based in the same base
Please note that all Committee Member and Steward positions are 1-year terms. These positions will end November 2022, as this is a by-election for vacant Committee and Steward Positions.
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY
Nomination Period:
START:Saturday October 30, 2021 15:00 PT / 16:00 MT / 18:00 ET
END:Saturday November 6, 2021 15:00 PT / 16:00 MT / 18:00 ET
All WestJet CUPE 4070 Members In Good Standing (signed card and paid $5 Membership fee) can nominate other Members In Good Standing. If you wish to participate in this nomination and election process and have not signed a card, please sign a card and pay the $5 Membership fee on our website at least 24 hours before the nomination & election end for processing.SIGN A CARD HERE
Nomination Form
All nomination forms must be filled out electronically or printed and scanned and sent by email to: elections@cupe4070.ca by Saturday November 6, 2021 15:00 PT / 16:00 MT / 18:00 ET. Please include the position and nominee name in the subject line of your email.
NOTES
The nominator must discuss the nomination with the nominee and both must be Members In Good Standing (Signed Union card and paid $5 membership fee)
These base specific positions require the nominee and the nominator to be based in the same base.
Only one nomination form is required per nominee for the same position.
You cannot nominate yourself.
Nomination Confirmation:
Beginning on Sunday November 7, 2021, all Members who have been nominated will be sent an email from Sylvia Alves, Communications Chair, asking if they will allow their name to stand on the ballot and accept the nomination. These individuals will have until Tuesday November 9, 2021 15:00 PT / 16:00 MT / 18:00 ET to accept or decline their nomination.
If you have been nominated for a position, please monitor your email and spam/junk folder during this period. Nominees who do not reply by the deadline will automatically be considered to have declined their nomination.
Resume/Information Sheet:
All nominees that accept their nomination will be given the opportunity to provide a one (1) page (8.5x11 size) resume/info sheet which can be posted on our social media pages and website with links sent by email to all Members In Good Standing for review.
Nominees must send their resume/info sheet in PDF format to: elections@cupe4070.ca by Wednesday November 10, 2020 15:00 PT / 16:00 MT / 18:00 ET. You can start creating your resume/information sheet ASAP.
Please do not
Submit large file resume/info sheets
Use company logos
Provide any information you don’t want public
Elections:
Elections may be staggered:
Elections Start November 13, 2021 - dates and times will be confirmed once the nomination period ends.
The election ballot will arrive from @simplyvoting.com. If you do not find the election ballot in your email inbox, please check your spam/junk folder.
Known Email Issues:
Members using a Telus email account may need to contact their provider to add simplyvoting.com as an approved incoming email address.
If you have voting link issues please contact Lou Arab at: larab@cupe.ca and include your full name, airline and employee number.
Electoral Officer:
The Electoral Officer for this election will be Jordan Christenson, WestJet Cabin Crew Member - YYZ Base.
In Solidarity,
Sylvia Alves
Communications Chair - CUPE 4070
General Membership Meeting (GMM)
Dear Members,
Thank you to all Members who were able to participate in today’s General Membership Meeting (GMM), your engagement is valued and much appreciated. For those of you who were unable to attend, unfortunately, we were not able to complete business due to time constraints. It has become evident that 2 hours is not sufficient for business to be conducted, and allow for adequate discussion and Q&A.
As per the motion passed at today's General Membership Meeting, this will serve as notice for a subsequent General Membership Meeting to take place as follows:
Date: Dec 20, 2021
Time: 10:00 PT / 11:00 MT / 13:00 ET
Location: Virtual (Zoom)
Links for registration will be sent in a follow-up communication.
In Solidarity,
Your CUPE 4070 Executive Team
CUPE Local 4070 - General Membership Meeting (GMM)
Dear Members,
The next General Membership Meeting (GMM) for CUPE Local 4070:
Friday November 5, 2021
Toronto, ON (YYZ)
13:00ET - 15:00ET
Location: Sheraton Toronto Airport Hotel
801 Dixon Road, Toronto ON M9W 1J5
*Note: This is NOT the Sheraton Gateway Hotel connected to YYZ Terminal 3.
Please note that while this meeting is being planned to occur live and in person for those able to attend - as always, access will also be available via dial-in access (including full Member voting rights). If you are a Member in Good Standing you will automatically receive a call prior to the start of the GMM.
All Members In Good Standing (have signed a card and paid the $5 initiation fee) are eligible to participate. The meeting will be two (2) hours.
If you have not signed a card and would like to participate you can sign your card here.
Past meeting minutes have been posted to the CUPE 4070 Members Portal landing page under "General Membership Meetings".
If you have not registered for the Member Portal, please find instructions below:
WESTJET
WESTJET ENCORE
SWOOP
In Solidarity,
Your CUPE 4070 Executive Team
WestJet, WestJet Encore, & Swoop Members - 2021 Nomination & Election Information
Dear Members,
The CUPE Local 4070 nomination and election process starts today.
For a preview of general Rules of Officers, please review SECTION 8 and for Committees SECTION 15 of our bylaws that are always accessible on our website HERE.
The following positions are open for nomination:
WestJet, WestJet Encore, & Swoop:
1x Vice President**
1x Secretary Treasurer**
1x 3-year Trustee***
**These positions are for a 2-year term, ending November 2023.
***This position is a 3-year term, ending November 2024.
WestJet:
1x YYZ Occupational Health & Safety Committee Member* (must be active)
1x YVR Occupational Health & Safety Committee Member* (must be active)
1x YVR Communications Committee Member*
1x YYZ Based Steward*
WestJet Encore:
1x YYC Bylaw Review Committee Member*
1x YYZ Bylaw Review Committee Member*
1x Communications Committee Member
1x Commuter Committee Member
1x Education Committee Member
1x Return to Work Committee Member
1x Women's Committee Member
9x YYC Based Stewards*
Swoop:
1x Committee Against Racism & Discrimination Committee Member
1x Commuter Committee Member
1x YEG Based Steward
1x YHM/YYZ Based Steward
*The nominee and the nominator must both be Members in Good Standing and based in the same base
Please note that all Committee Member and Steward positions are 1-year terms. These positions will end November 2022, as this is a by-election for vacant Committee and Steward Positions.
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY
Nomination Period:
START:Saturday October 30, 2021 15:00 PT / 16:00 MT / 18:00 ET
END:Saturday November 6, 2021 15:00 PT / 16:00 MT / 18:00 ET
All WestJet CUPE 4070 Members In Good Standing (signed card and paid $5 Membership fee) can nominate other Members In Good Standing. If you wish to participate in this nomination and election process and have not signed a card, please sign a card and pay the $5 Membership fee on our website at least 24 hours before the nomination & election end for processing.SIGN A CARD HERE
Nomination Form
All nomination forms must be filled out electronically or printed and scanned and sent by email to: elections@cupe4070.ca by Saturday November 6, 2021 15:00 PT / 16:00 MT / 18:00 ET. Please include the position and nominee name in the subject line of your email.
NOTES
The nominator must discuss the nomination with the nominee and both must be Members In Good Standing (Signed Union card and paid $5 membership fee)
These base specific positions require the nominee and the nominator to be based in the same base.
Only one nomination form is required per nominee for the same position.
You cannot nominate yourself.
Nomination Confirmation:
Beginning on Sunday November 7, 2021, all Members who have been nominated will be sent an email from Sylvia Alves, Communications Chair, asking if they will allow their name to stand on the ballot and accept the nomination. These individuals will have until Tuesday November 9, 2021 15:00 PT / 16:00 MT / 18:00 ET to accept or decline their nomination.
If you have been nominated for a position, please monitor your email and spam/junk folder during this period. Nominees who do not reply by the deadline will automatically be considered to have declined their nomination.
Resume/Information Sheet:
All nominees that accept their nomination will be given the opportunity to provide a one (1) page (8.5x11 size) resume/info sheet which can be posted on our social media pages and website with links sent by email to all Members In Good Standing for review.
Nominees must send their resume/info sheet in PDF format to: elections@cupe4070.ca by Wednesday November 10, 2020 15:00 PT / 16:00 MT / 18:00 ET. You can start creating your resume/information sheet ASAP.
Please do not
Submit large file resume/info sheets
Use company logos
Provide any information you don’t want public
Elections:
Elections may be staggered:
Elections Start November 13, 2021 - dates and times will be confirmed once the nomination period ends.
The election ballot will arrive from @simplyvoting.com. If you do not find the election ballot in your email inbox, please check your spam/junk folder.
Known Email Issues:
Members using a Telus email account may need to contact their provider to add simplyvoting.com as an approved incoming email address.
If you have voting link issues please contact Lou Arab at: larab@cupe.ca and include your full name, airline and employee number.
Electoral Officer:
The Electoral Officer for this election will be Jordan Christenson, WestJet Cabin Crew Member - YYZ Base.
In Solidarity,
Sylvia Alves
Communications Chair - CUPE 4070
Recall Notice - WestJet (WS) Members - November 2021
Dear Members,
The Union has been notified of recall for WestJet (WS) Members:
WS recall to YYC.
Notices of recall and contingent notices of recall will be released by the Company later today, Friday October 29, 2021.
Members who fail to respond, or decline 48-hour recall notice will remain on the recall list, in accordance with 47-5.05 of the Collective Agreement.
Members are expected to be placed into training mid-November with a full monthly schedule awarded December 2021.
Once required training is complete, schedules for the remaining days in November will be assigned based on availability.
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 firm recall notice, or contingent recall notice to your personal email address on file
4) In addition to accepting the recall notice using the online form, you will be required to complete Vaccination Status Declaration Forms even if you have already done so. Be sure read the notice of recall carefully and follow the instructions provided by the Company.
Company Seniority List vs. Master Seniority List:
This recall will use the Master Seniority List. As explained in the communication dated September 7, 2021, the finalized Master Seniority List will now be used for any future recalls, in accordance with the Collective Agreement.
Please reach out to the Union at www.cupe4070.ca/contact should you have further questions.
In Solidarity,
Your CUPE 4070 Executive Team
A Message From Your Uniform Committee
To Our Amazing Membership,
Hello everyone, we are your newly elected Uniform Committee and we wanted to take a few minutes to introduce ourselves so that you know who is representing you and working hard to get the best for all of us in this department!
Mark Rose – WestJet Toronto Base, Chair
mark.rose@cupe4070.ca
My name is Mark and I’m a YYZ-based flight attendant who’s been with the company for 13.5 years. I’ve been a Cabin Manager on the wide body for a few years now, and prior to that was an OOT (Onboard Ops Team) for 5 years. If there’s one thing that I’m incredibly passionate about, it’s our uniform! I was brought onto the project in the very beginning by Juli Grbac (the designer hired to design our new uniforms at WS/WR) to design the accoutrements (wings, name badges, etc.) as I have design experience and CAD technical skills. I was very happy to be a part of the project. It was an eye-opening experience to see what went on in those meetings, and my experience there will help me in this position.
I’m so proud to see my designs come to fruition, for the most part, and be used as part of the new uniform. Our uniforms have come a long way since the “days of the denim”, and I recognize that we still have some work to do on them. I have dreamed of the day that WestJetters can walk through the airport and turn the heads of everyone we pass. I will do my absolute best to get us the vesture we deserve; a uniform that will make you proud to put on.
Wendy Moraghan – Swoop Hamilton/Toronto Co-Base, Secretary
wendy.moraghan@cupe4070.ca
My name is Wendy Moraghan and I’m proud to represent SWOOP as your elected Uniform Committee Rep. After a 30-year career in law enforcement working as a police officer in various specialized units, I decided retirement wasn’t for me. I joined the aviation industry in October of 2019 when I was hired as a flight attendant with SWOOP YHM/YYZ based. This was one of the best decisions of my life and I am proud to work alongside some of the hardest working, most dedicated, professionals I have met and that I am proud to call my friends. I bring to this position, over 30 years of experience working with community organizations, holding positions of Chair and Board Member, member of the Halton Regional Police Joint Health and Safety Committee; responsible for reviewing incident reports and conducting workplace safety inspections, working on the New Horizons for Seniors Federal Grant Selection Committee in Ottawa and currently Vice Chair of The Willow Foundation, a not for profit charitable organization in Halton Region that raises funds for 3 Long Term Care Homes.
I am a wife, a mother of 6 adult children, and a “grammy” to 10 (soon to be 11) grandchildren.
I will work hard for all SWOOP members and represent you in a professional, dedicated manner. I strive to do what is right for SWOOP and hope to work with management to bring you uniforms, which you can you proud to wear, knowing they are professional, comfortable, stylish and safe.
I look forward to hearing from you and gathering information/ideas about what you want!!
Nick Lainas – WestJet Vancouver Base
nick.lainas@cupe4070.ca
The fabric of who we are.
Some say fashion is what you buy and style is what you do with it. When you wear a uniform, the fashion is usually provided, but that doesn’t mean style shouldn’t play a big part of the look. Uniforms exist for some utterly practical reasons; when we look the same, we’re easily identifiable and trustworthy. Pretty important for an airline like us. The style part comes in when we start to tell the story of our brand and people through the fabric of our uniforms. Uniforms have to fit everyone, and perform well in a variety of challenging environments and tasks. Think about loading bags in all seasons, giving first aid at 40,000 feet, fixing aircraft engines and greeting and helping our guests at check-in counters and beyond – it all needs to be done looking like a pro and feeling comfortable. Our style has to be us.
As the airline grows and changes, our uniforms have to grow with it, or the story of who we are doesn’t make sense. To help with that job, we frontline WestJetters in a uniform committee and tasked them to work directly with VF Imagewear, our uniform provider, to take our uniforms to the next level.
“It's important to both come together collectively and bring identity to each individual while showcasing ourselves in the best possible way in an international market,” says committee member Nick Lainas, Cabin Crew Member (CCM), who has worked in the industry for two decades.
Fabricio Loza-Alvarado – WestJet Calgary Base
fabricio.loza-alvarado@cupe4070.ca
Fabricio Loza-Alvarado is a Nicaraguan-born Canadian that has worked in the beauty industry for more than two decades. Fabricio is energetic, motivated, fluent in English and Spanish, and has been at WestJet for over fourteen years. Fabricio is the former President of Aria Models Canada and a former Production Director for the Miss Universe Organization (Canada) - A pageant formerly owned by Mr. Donald J. Trump. Fabricio has worked with world-renowned designers, photographers and was part of the National School of Beauty by Clinique Canada. In 2015, Fabricio received the "Best Canadian Latino Artist Award" from the Canadian Chamber of Commerce. Fabricio is committed and honoured to be the elected uniform committee rep for the YYC base and looks forward to being an advocate for our people.
Kalliopi (Kelly) Tasopoulou – WestJet Encore Toronto Base
kelly.tasopoulou@cupe4070.ca
Hi everyone!
My name is Kalliopi (Kelly) Tasopoulou and I'm based in Toronto. I have been with WestJet Encore since August 2018 and I became a QCFA 6 months later. I was also chosen to take part in the uniform test group for our new uniforms, which provided me with great insight and valuable feedback from my colleagues. I'm very excited to bring all of the feedback to the committee and subsequently the company amongst all the other concerns and questions our members may bring forward.
If you have any questions, comments or concerns regarding any part of our uniform, the policies or standards, please reach out and any one of us would be happy to assist you!
Kruti Sutaria – Executive Liaison, Secretary Treasurer
kruti.sutaria@cupe4070.ca
My primary goal as Liaison is to support the Uniform Committee in any way that they need, whether that be helping coordinate surveys to the membership to asking the company for meetings to discuss standards. I am their bridge to the rest of the Executive board to make sure the issues that are brought to the Committee from the membership are acknowledged and actioned to the best that they can. I work very closely with the Chair Mark, to ensure that the vision of the committee comes to fruition.
I have worked at 1 other airline before WestJet, so I have the experience of wearing another uniform, and I am a hobby seamstress (have been for 15 years) so I am very familiar with the construction and design of garments from a creation standpoint. In a related endeavor, I have been one of the primary CUPE Executive’s that has been championing the recently awarded tattoo, piercing & mehndi (henna) arbitration that Air Canada recently received. I have been working with the Executive Board, the Uniform Committee and the company to modernize and liberate the standards at WS/WR/WO to align with the award.
I am excited to see what the Uniform Committee can accomplish!
From our first meeting, we can already see that we have a very passionate and dedicated group of people that will represent you to the best of our ability. We’re a group that isn’t afraid to voice our opinions, nor are we afraid to stand up for what we feel is the best for all of us when it comes to the uniform and all the standards around it. We’re here for you, and we want to hear your feedback - all of it. We’ll try to be as transparent as we can and keep you informed of all that’s happening with the projects that we’re working on.
If you have any questions, concerns, suggestions, don’t hesitate to reach out to us at: uniforms@cupe4070.ca and we’ll get back to you as soon as we can.
We wish you all very safe and happy flying. Take care, everyone.
Sincerely,
Your CUPE 4070 Uniform Committee
National Day For Truth & Reconciliation
Dear Members,
September 30th marks Canada’s first National day of Truth and Reconciliation. The federal government recently passed legislation to make this date a federal statutory holiday entitled The National Day for Truth and Reconciliation. This day provides an opportunity to bring awareness and reflection to the painful legacy and impacts of the residential school system and colonialism, which systemically till this day undermines and creates ongoing intergenerational harm to indigenous families and communities.
Reconciliation is the process of healing relationships between Indigenous people and our government. This term raises awareness about colonization, and requires public truth sharing, apology, as well as commemoration that acknowledges the ongoing effect on indigenous peoples. Building meaningful partnerships with Indigenous communities, including Indigenous worldviews in our everyday actions, and recognizing Indigenous sovereignty, are all ways we can commit to this ongoing process.
This day of truth and reconciliation fall under the 80th call to action:
“We call upon the federal government, in collaboration with Aboriginal peoples, to establish, as a statutory holiday, a National Day for Truth and Reconciliation to honour Survivors, their families, and communities, and ensure that public commemoration of the history and legacy of residential schools remains a vital component of the reconciliation process.”
On this National Day of Truth and Reconciliation, we can learn more, and reflect on the meaning of this day by attending an event, reading the Truth and Reconciliation report, speaking and listening to Elders, or taking a moment for quiet reflection. Reconciliation is a shared responsibility of all Canadians and requires continued action, not just today, but every day.
A link to the truth and reconciliation report: https://www2.gov.bc.ca/assets/gov/british-columbians-our-governments/indigenous-people/aboriginal-peoples-documents/calls_to_action_english2.pdf
For the story of Phyllis Webstad and why we have an Orange Shirt Day click here: 👉 https://www.orangeshirtday.org/phyllis-story.html
A list of 10 books you should consider reading (this is no specific order):
1. My Decade at Old Sun, My Life of Hell By: Bear Chief
2. Victoria Callihoo: An Amazing Life By: Cora Taylor
3. #NotYourPrincess Voices of Native American Woman
4. Urban Tribes Native Americans in the City
5. Clearing the Planes By: James W. Daschuk
6. The inconvenient Indian By: Thomas King
7. Seven Fallen Feathers By: Tanya Talaga
8. A Really Good Brown Girl By: Marilyn Dumont
9. In this Together Fifty Stories of Truth and Reconciliation
10. Five Little Indians By: Michelle Good
Thank you for taking the time to reflect on this day, what it means to you, and how you intend to to do better for this land, the original nations of this land, and our responsibility to reconciliation.
In Solidarity,
Your CUPE 4070 CARD Committee
Swoop Members Ratify First Ever Collective Agreement
Dear WestJet and WestJet Encore Members,
We are excited to report that the Swoop (WO) Members of our Local have ratified their first Collective Agreement with their Employer today.
Please join in congratulating our brothers and sisters from WO in ratification of their very first, historic Collective Agreement.
This is a huge milestone for Swoop and for our Local following the successful ratification of the WestJet and WestJet Encore Collective Agreements.
Please click on this link to view the press release regarding the successful ratification for Swoop Members.
In Solidarity,
Your CUPE 4070 Executive Team
CUPE National - Safe Union Space Survey
Dear Members,
Please see below information on an important survey being conducted by CUPE National, also available here.
Earlier this year, CUPE’s National Executive Board created a National Safe Union Spaces Working Group to address serious concerns about gender-based violence and other forms of harassment and discrimination in our union.
The Working Group, advised by expert external consultants, has been reviewing CUPE’s existing tools and processes, identifying gaps where we need changes or additional resources to ensure safer union spaces.
As part of this important effort, the Working Group is launching a survey.
CUPE encourages all members to participate in this survey. The survey will help us identify actions we can take and policies we can adopt to make CUPE more welcoming for all members.
The survey closes September 28.
Participate in the survey now by clicking here
In Solidarity,
Your CUPE 4070 Executive Team
CUPE Local 4070 - General Membership Meeting (GMM)
Dear Members,
We are pleased to announce the next General Membership Meeting (GMM) for CUPE Local 4070:
Friday November 5, 2021
Toronto, ON (YYZ)
13:00ET - 15:00ET
Location: TBD
Please note that while this meeting is being planned to occur live and in person for those able to attend - as always, access will also be available via dial-in access (including full Member voting rights). Details on the dial in access option will be provided closer to the GMM.
All Members In Good Standing (have signed a card and paid the $5 initiation fee) are eligible to participate. The meeting will be two (2) hours.
If you have not signed a card and would like to participate you can sign your card here.
In Solidarity,
Your CUPE 4070 Executive Team
Workforce Update (WS) - October 2021
Dear Members,
Below is the summary of recalls that are occurring at WestJet (WS) in October 2021 that have now been awarded.
WestJet (WS) Recall – October 2021:
Any Member recalled in October 2021 will be able to bid for their block month as of December 2021 onward.
As always, if you require assistance from your Union, please contact us: www.cupe4070.ca/contact.
In Solidarity,
Your CUPE 4070 Executive Team
Statement and Legal Opinion to CUPE 4070 Re: Mandatory COVID-19 Vaccination Requirements
Dear Members,
We know that the WestJet Group’s recent communication regarding mandatory vaccinations, in response to the impending mandate from the federal government, has raised many questions within the Membership.
Your elected CUPE Local 4070 Executive has been in near continuous contact; and have been in contact daily with our CUPE National legal counsel on the issue of our Employer’s mandated vaccination for all staff. The Local has received countless e-mails from Members both expressing sincere belief that this violates their individual rights; as well as Members communicating their fear of working with individuals who refuse to be vaccinated against COVID-19.
As your Union Executive, we understand that this is a deeply polarizing issue for the Membership. As the Union, our responsibility to our Members is to represent your rights within the scope of the employment relationship with your Employer. We understand what that means is not always clear to Members. Additionally, a great deal of information is being circulated interpersonally and via social media within our Membership, and beyond; including other labour unions within the WestJet Group. Many opinions being offered claim to offer free legal advice about your rights in the workplace; or alternatively offer sources which are highly questionable from a legal standpoint under Canadian law.
Your Union’s job is to protect all of our Members’ employment relationship with their Employer; irrespective of politically divisive circumstances.
In the interest of ensuring the Union is clear on what our legal scope is with respect to mandatory vaccination mandates and the law, we have asked our CUPE National legal counsel to review the communication(s) released by the WestJet Group last week, which explain the Employers’ vaccine requirements in detail. Your Union also asked our National legal counsel to write a formal legal opinion based on the facts therein. We are attaching CUPE 4070’s Counsel’s official legal opinion today for your reference.
A legal opinion is based on legal analysis of leading case law in Canada. In looking at the facts of this case, it’s mitigating factors and circumstances, as well as if there are any possible arguments against the Union’s position; and if so, what is an arbitrator likely to decide. These are the heavy questions that your Local 4070 Executive must decide upon, based on all evidence before us. Those questions and answers make up the core of a legal opinion, and are determined by looking at decisions made by arbitrators in the past, in hearings with similar facts, mitigating factors and circumstances.
CUPE National Legal Opinion and Vaccination Q&A Documents:
CUPE National Legal Opinion presented to CUPE Local 4070
CUPE National Question & Answers for the Airline Sector
(Airline Division of CUPE)
CLICK HERE
The Union encourages all Members who wish to learn more to read the attached legal opinion. Below, we will summarize the key points that can be taken from it.
WestJet’s policy contemplates discipline up to and including termination for those Members who wish to refrain from being vaccinated. While there may be questions around whether the Union could successfully challenge such a termination, we do not have any legal avenue to proactively prevent the employer from imposing such a policy. What this tells us is that the best, and in fact, the only guaranteed way to prevent loss of earnings, termination, or other negative consequences, is to be vaccinated if you can be.
Let us be clear: this is not a political position. As the Union, we cannot provide you direction while knowing that the consequences of that direction may result in discipline or termination for you. Doing so would be contrary to the Union’s obligation to represent you in your employment relationship. The Union cannot control the Government mandate or its legislation or policies. Similarly, we cannot challenge the existence of a vaccine policy where federal legislation requires that the employer has one.
2. It is legal for the employer to announce and implement such a policy. Whether a legal challenge to a termination as a result of refusal to vaccinate would be successful is unknown. This legal challenge would depend on a multitude of factors beyond the Union, the Company, the Government, or any individual’s control - it would have to be tested after the fact under the Canada Labour Code (CLC).
The legal opinion attached describes this in detail. If you are terminated as a result of not being vaccinated, the Union is likely to challenge the termination via a grievance. There is no guarantee of success however; or that the Union would refer grievance(s) to arbitration if new decisions under the CLC render the chances of success obsolete. Even if your grievance goes to arbitration, it is far from guaranteed that an arbitrator will uphold the grievance. It is highly uncertain how arbitrators will handle terminations arising from breaches of mandatory COVID vaccination policies. If your grievance is successful at arbitration and you are reinstated, you may still not receive back pay and you may not be allowed to attend work until you are vaccinated. This is the practical reality upon which we live, work and operate.
Of further note: this may not extend to any and all actions related to vaccine refusal. As an example: lying on your declaration or falsifying vaccine records, and being disciplined or terminated for this, are not the same as being terminated for not being vaccinated.
3. There may be grounds for accommodation as a result of protected grounds such as medical accommodation (some people cannot be vaccinated due to verifiable medical reasons), or religious grounds. That being said, a strong personal opposition to a vaccine, in the absence of falling within these protected grounds, will likely be found to not trigger the WestJet Group’s duty to accommodate. Please review the above linked documents from CUPE National for more details on such possibilities.
If you believe that you fall into one of the above groups, and would require accommodation as a result of objectively verifiable protected grounds, we urge you to reach out to the Union at the earliest opportunity. CUPE Local 4070 is committed to challenging disciplinary action issued by the WestJet Group, particularly as it concerns Members who require accommodation. If there is discipline base on legally protected grounds, the union will support you through the process, however we cannot guarantee any particular outcome.
Other notable points arising from the opinion are:
It is likely reasonable, in light of global pandemic circumstances, for the Employer to require Members to disclose their vaccination status.
The Employer can require that full vaccination be a condition of employment for new-hire employees.
COVID-19 is likely to be found to constitute compelling exceptional circumstances, and it is likely an Arbitrator would find that the Health and Safety benefits of mandating a vaccine to outweigh the invasiveness of that vaccine.
Your CUPE Local 4070 Executive is aware that this is a polarizing and complex issue. We encourage all our Members to read the document, and both of the attachments.
If you still have questions about your rights as it relates to the vaccine, please don’t hesitate to reach out to the Union in a respectful and constructive format: cupe4070.ca/contact
In Solidarity,
Your CUPE 4070 Executive Team
Education Scholarship Recipients
Dear Members,
The CUPE 4070 Education Committee in conjunction with all the executives are pleased to announce the recipients of the 2021 Scholarships.
As you are aware, we announced that we were able to offer scholarships this year. The application deadline was set for August 30, 2021. We wish to thank everyone who applied. The decision was not an easy one, as there were many exceptional candidates and the competition was fierce.
The awards for each bargaining unit, Swoop, WestJet Encore, and WestJet, were democratically voted on by the two Committee Members who were not in the bargaining unit up for discussion. For example, your WestJet Education Committee Member did not vote for the WestJet award recipient. Each scholarship was awarded based on the application criteria that was communicated when the application process was open.
Without further ado…..
Please join us in Congratulating the recipients of the
2021 CUPE 4070 Scholarships,
our members, your colleagues and friends:
SWOOP
One (1) Available Scholarship
TEELAH BARLOW
WESTJET ENCORE
Two (2) Available Scholarships
In no specific order
BATOUL MAZLOUM
BEA PATRICIA VIOLETA
WESTJET
Three (3) Available Scholarships
In no specific order
MELISSA GEORGE
ADRIENNE WEBB
THI BICH NGOC NGO
CONGRATULATIONS TO YOU ALL!
GOOD LUCK WITH YOUR EDUCATION PLANS NOW AND IN THE FUTURE
In Solidarity,
Your CUPE 4070 Education Committee
ADCP Vaccine Mandate
Dear Members,
Attached is a letter from CUPE Airline Division Counsil of Presidents regarding Canada’s Federal Sector Vaccine Mandate. This letter was sent on September 9, 2021, to Nicolas Robinson, Director General of Civil Aviation with Transport Canada, Barbara Raymond, Executive Medical Advisor with Public Health Agency, and Brenda Baxter, Director General with Labour Program Employment and Social Development Canada.
In Solidarity,
Your CUPE 4070 Executive Team
Swoop & CUPE Reach Tentative Agreement
Dear Members,
As you will hear soon from the Company and the media, CUPE Local 4070 and Swoop have reached a Tentative Agreement (TA). The Swoop CUPE 4070 Bargaining Committee, along with four CUPE National Bargaining representatives have been working tirelessly throughout the last few weeks to conclude negotiations for our historic first ever Collective Agreement for Swoop Cabin Crew Members!
We will be planning virtual Roadshows to present this Tentative Agreement to our Swoop Members. We are excited to be able to present this TA to them for ratification.
This is a huge milestone for Swoop, following the WestJet and WestJet Encore Collective Agreements. Having legally binding union contracts in place for the over 4,100 Cabin Personnel at all three of the WestJet Group’s brands will be a milestone of great significance.
In Solidarity,
Your CUPE 4070 Executive Team
CUPE 4070 Response to the WestJet Group’s Communication Regarding Mandatory COVID-19 Vaccination
Dear Members,
In the past hour the WestJet Group of Companies released an internal communication to all employees, in every department across the organization. This communication outlines a framework of how they intend to implement the federal government’s announcement from August 13th that requires COVID-19 vaccinations for all employees working in federally regulated sectors. This includes every employee of national air, marine, and rail transportation companies. This notice is not isolated to crew or frontline workers; every worker employed in federally regulated sectors must be fully vaccinated.
CUPE Local 4070 has been anticipating information on this topic from the Company for some time. The Union has been in ongoing discussions with the Company around mandatory vaccinations. We have been advocating that any direction on vaccines be in the form of an official company policy - not just a directive in the form of a communication by a Company Executive. There is legal rationale why the Union believes that any change in conditions of employment must take the form of official policy or policies.
The Union’s stance is that full details and specifics of what is being mandated by the federal government is largely unknown, and as a result, we are of the position that today’s announcement by the Employer is premature. Despite that, the Union now has official guidance from the Employer via today's communication as to their intended approach on this issue. We are receiving continuous guidance from CUPE National legal counsel as to the best approach forward.
While we cannot provide immediate guidance to you today on this matter; please know that your Union is actively working with CUPE National including in-house legal counsel, with CUPE National Health & Safety officers, with the CUPE Airline Division and its Council of Presidents (ADCP), and with our union allies at ALPA, CALDA and Unifor which represent other unionized colleagues within the WestJet Group.
CUPE Local 4070 remains steadfast in our commitment to representing every one of our Members as we continue to navigate through the pandemic and beyond.
Please note that respective Base Vice-Presidents are part of Local 4070’s Executive response planning; as are the respective union OH&S Committees. They do not have any additional information at this time. Further details will be shared by the Union as they become available.
We hope that you find this update helpful. CUPE 4070 contact information can always be found at: www.cupe4070.ca/contact
In Solidarity,
Your CUPE 4070 Executive Team
WestJet New Master Seniority List (MSL) Release
Dear Members,
The company has released the new WestJet Master Seniority List (MSL). It will also be available on our Member Portal.
If you have not created a profile on the Union website, you can find the instructions HERE.
The MSL is attached and can be accessed by clicking HERE.
As per the Collective Agreement Article 15-2, there will be no further disputes until the next MSL publication dispute period in April 2022.
Implementation Timelines
The following dates have been agreed upon between the Union and the Company for when the MSL will be utilized:
Layoff and recall
In the event we announce any future recalls or layoffs, the finalized MSL will be utilized.
Crew Scheduling Day of Operations – Effective September 22, 2021
On this date, the new MSL will be loaded into the day of tracking system (Sabre Crew Trac). All operational reassignments and reserve call outs that consider Cabin Personnel’s seniority will be determined using the new MSL.
This update is anticipated to occur between 0000-0200. Those on RAM may still be called out utilizing the Inflight Department List until the update is complete.
Crew Planning – Effective November 1, 2021
Construction of the November schedules will commence in late September and will utilize the updated MSL that will be loaded on September 22.
As a reminder, November 2021 schedules will be constructed and published in late October utilizing the current equity-based system.
In Solidarity,
Your CUPE 4070 Executive Team
An Update from Local 4070 Secretary-Treasurer Kruti Sutaria
Dear Members,
The Union would like to advise of a financial incident involving fraud that occurred in respect to the Local’s primary chequing account during the month of August 2021.
On Thursday August 26th, as your Secretary-Treasurer I noticed unusual activity in one of the Local’s bank accounts. Specifically, four (4) cheques that had cleared our account in amounts of over $4,500 each. The cheque numbers of these withdrawals were suspicious in nature as these cheque numbers had previously been used and cashed in 2019. The dates of these withdrawals were August 11th and 20th.
Additionally, no physical cheques have been used by the Local in over a year thanks to a payment processing software that provides the use of electronic fund transfers; this has minimized the need for paper cheques.
Upon discovery of what I was confident was fraud, I immediately proceeded to the nearest bank branch where an official investigation was opened. Legal affidavits were signed by myself and Chris Rauenbusch, CUPE 4070 President; and I transferred remaining funds into our savings account to prevent further cheques from clearing. A police report has also been filed with the Calgary Police Service, which is the procedure for theft over $5000 in Canada.
On Tuesday August 31st, the Bank Manager that had helped initiate the investigation contacted me to advise that the four (4) cheques in question were indeed deemed counterfeit by the Bank’s internal fraud investigation department; and that the funds totaling over $18,000 were going to be returned to CUPE Local 4070 that same day. A new account has now been opened to avoid our Members’ funds being held in an account which has been breached; and the original account will be closed in short order once the preauthorized payments are transferred. The deposit was received into the new account on Tuesday August 31st.
I am confident about which cheque was copied; and based on an internal Union investigation, I strongly believe that the cheque in question was sent to a vendor (payee) in September 2019. It appears this cheque was then altered with two of the signing officers’ signatures electronically copied onto the cloned cheques. The Union is awaiting further details from the vendor at which I believe this occurred; for additional information following their own investigation, as well as for the results of the Calgary Police Service investigation upon its conclusion.
As always, my priority and core responsibilities as your elected Secretary-Treasurer are to ensure that the dues - that you, our Members contribute to our Local - are safely and responsibly handled, and that you have trust in the financial accountability of your Union Local at all times. I remain steadfast and unwavered in this responsibility and continue to be honoured to hold your trust in this regard.
A further update on this incident regarding the Police investigation as well as further details will be provided to the Membership at the next General Membership Meeting (GMM), which will be announced soon, that will occur in November.
In Solidarity,
Kruti Sutaria
Secretary-Treasurer - CUPE Local 4070
Reminder: WS October 2021 Recall - Closing in 48 Hours & September Workforce Update Correction
Dear Members,
This is a reminder from your Union that the WestJet (WS) Recall response window for the October 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:
September Workforce Update Correction:
The Union has confirmed that the most junior DOH date for YYZ of July 3 2017, originally provided to us by the employer, was incorrect. The most junior member offered recall for September in YYZ was, in fact, DOH May 11 2009.
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 Reminder
Dear Members,
The deadline for scholarship application is August 30,2021.
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
Thank you to those who have already submitted applications. We will review applications once the deadline has passed. 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