CIRB Learning Series 003: Decisions made by CIRB

Are CIRB decisions binding? 

Yes, decisions made by the Canada Industrial Relations Board (CIRB) are binding. The CIRB is a quasi-judicial administrative tribunal in Canada responsible for administering and interpreting the Canada Labour Code as it relates to federally regulated industries. Its decisions have legal authority and must be followed by the parties involved, unless they are successfully appealed or challenged through the appropriate legal channels. 

Can you Appeal a CIRB Decision? 

An appeal of a decision made by the Canada Industrial Relations Board (CIRB) is typically based on the legal grounds rather than the merits of the case itself. In other words, the appeal process primarily focuses on whether there were errors in law or procedure in the original decision-making process by the CIRB.  

Grounds for appeal might include: 

1. Misinterpretation or misapplication of the law. 

2. Procedural irregularities or unfairness in the hearing process. 

3. Failure to consider relevant evidence or relevant legal principles. 

4. Exceeding the CIRB's jurisdiction or acting beyond its authority. 

Appeals are not generally rehearing's of the case on its merits, but rather a review of the CIRB's decision-making process. If the appeal court finds that errors were made, it may overturn or modify the decision, or send it back to the CIRB for reconsideration. 

Can the Union choose to ignore the CIRBs Decisions or choose to bypass it? 

As a Union acquiring another Unionized group, it's essential to follow the Canada Labour Code (CLC) and adhere to its regulations for several reasons: 

• Legal Compliance: The Canada Labour Code is the legal framework governing labor relations in federally regulated industries. Compliance with its provisions ensures that labor relations activities, including union acquisitions and mergers, are conducted within the bounds of the law. 

• Protection of Rights: The CLC is designed to protect the rights and interests of workers, Unions, and Employers. By following its provisions, you ensure that the rights of the Employees represented by the acquired Union are respected during and after the acquisition process. 

• Certainty and Stability: Adhering to the CLC provides certainty and stability in labor relations. It establishes clear procedures and guidelines for Union acquisitions, helping to minimize disputes and uncertainties that could arise from disregarding legal requirements. 

• Enforcement and Accountability: Non-compliance with the CLC can result in legal consequences, including fines, penalties, and legal actions. By following the CLC, you demonstrate a commitment to compliance and accountability, which can help maintain positive labor relations and avoid legal liabilities. 

It's crucial to stress that sidestepping regulatory processes can result in significant legal risks and complications. Therefore, adherence to the Canada Labour Code is essential. All union acquisition activities must strictly comply with its requirements to avoid potential legal issues in the future. 

WS NON MONETARY MOA

Dear Members,  

We have successfully completed the process outlined in Article 8 of our Agreement, Amendments to the Agreement - which governs the amendment of our collective bargaining terms. Attached you will find the amendments resulting from this process. 

This process entails careful consideration and negotiation between our Union and the Company to ensure that any proposed changes are mutually agreed upon and do not impose any additional financial burden on the Company ("net-zero" financial cost) as per the CA.  

After receiving overwhelming feedback last year regarding confusion surrounding non-monetary amendments, we have adjusted our approach to addressing this issue.  

To clarify these amendments, we have created a video presentation and a question-and-answer document. These resources aim to provide clear explanations and examples of the proposed changes, ensuring that members fully understand the intentions and implications of each amendment. 

Upon reviewing these amendments, eligible Membership will vote on the proposed changes to the Collective Agreement. It's important to note that you will be voting on the amendments as a whole package, rather than individual changes.  

Please view the MOA here 

Please see video walk through here 

Please review the Non-Monetary Q&A here 

If you have any questions please ask us here

**The vote is open only to WS Members in Good Standing. **

If you wish to become a Member in Good Standing; 
-Fill out this form 
-Pay the $5 initiation fee (if you haven't already, you will be advised if you have not) 
-At the next General Membership Meeting (GMM), Members approve your application 

-You won’t be able to vote in this voting period 
 
Your secure voting link will arrive via email from: vote@simplyvoting.com. 
 
If you do not find your voting link in your email, please check your spam/junk folder. 
 
If you are still unable to find the link, please email us here. 

Please include your full name, airline unit and employee number in the email. 

Voting Starts: 
March 30, 2024 at 09:00PT / 10:00MT / 12:00ET  
Voting Ends:  
April 6, 2024 at 09:00PT / 10:00MT / 12:00ET 

Electoral Officer: 
The Electoral Officer for this election will be Jael Gosselin, WestJet YYC Cabin Crew Member.

Returning Officer: 
The Returning Officer for this election will be Destiny Earle, WestJet YYZ Cabin Crew Member.

Your Local 4070 Executives:

President, Alia Hussain
Vice President, YWG Base VP, Tyson Conrod
Recording Secretary, Calvin Gautschi
Secretary-Treasurer, Alex Grigoriev

WestJet Encore YYC Base VP, Heather Crippen
WestJet Encore YYZ Base VP, Marcus Johnstone-McKinney
WestJet YEG/YVR Base VP, Chris Brewer
WestJet YYC Base VP, Brandy Whitby
WestJet YYZ Base VP, Bryan Hansraj

Fatigue and Minimum Rest

CLARIFICATION MIN CREW REST INTERUPTION 

We want to bring your attention to Article WR 34.12.03 and WS 34-14.12 of our Collective Agreement, which addresses the interruption of minimum crew rest during layovers. This article ensures that in the event of an interruption caused by either the Company or significant disruptions at the layover hotel (such as fire, flood, alarm, evacuation), Cabin Personnel have the right to request an extension of their remaining rest period to nine (9) hours if it is less than nine hours at the conclusion of the interruption.  This is regardless of the Layover length.  

Your Union Executive reached out to the WS Company to discuss the appropriate application of this article. The WS Company has reset expectations with WS Crew Scheduling to ensure that this provision is upheld and implemented correctly 

If you believe there has been a violation of the Collective Agreement regarding minimum Crew rest interruptions or any other matter, please do not hesitate to contact your Base VP.   

Please review the article below. 

WR 34.12.03 and WS 34-14.12: Should minimum crew rest be interrupted either by the Company or by a significant disruption at the layover hotel (e.g. fire, flood, alarm, evacuation) during a layover, the Cabin Personnel can request to have the remaining rest period increased to nine (9) hours if the remaining rest period is less than nine (9) hours at the conclusion of the interruption. 

FATIGUE CALLS 

We've received reports of WS Crew Scheduling pressuring Members to continue working after they report feeling fatigued. We've addressed this issue with the WS Company, and they have clarified the process for WS Crew Schedulers in responding to fatigue calls. 

We want to remind all WR & WS Members that it is your right to call in fatigued. We encourage everyone to review the Fatigue Management Collection on the CCD for further information on Fatigue and the process. 

If you believe there has been a breach of the Collective Agreement concerning minimum crew rest interruptions or any other matter, please reach out to your Base Vice President promptly. They are here to assist you 

Update #1- Co-operators Group Home & Auto Insurance Partnership- Discount for Insurance

Update on Insurance 

Dear Members, 

Co-operators has contacted us and advised they have not setup their system yet for us.  Their estimation is 2-3 weeks minimum to complete this process.   Please stay tuned and we will advise once they have completed setting up their system.  

Thank you for your patience

Co-operators Group Home & Auto Insurance Partnership- Discount for Insurance

Dear Members, 

Please see below for information from the Co-operators and the insurance they provide at a discount to CUPE 4070.

 

From the Co-operators;
Here’s our brochures.
Our Program
Info Sheet

A few key points about our program:

• The program runs at no-cost, requires no investment.

• The program is designed to be low admin, high reward.

The Co-operators has been providing group auto and home insurance for over 40 years to Canadians.  As a co-operative we operate our business and believe in ethical values of honesty, openness, social responsibility and caring for others.  We are partnered with over 1000 like-minded organizations and professional associations across Canada, and we believe that we would be the right fit for the members.

Why should you choose Co-operators?

• Preferred rates and superior coverage from the Co-operators, including the top Comprehensive Water coverage (overland flood) on the market.

• Exclusive features and benefits such as CustomerPerks® administered by Venngo, Free Legal Assistance Help Line, Online Services and much more!

• National Contest – Anyone who calls in for a quote is automatically entered to win 1 of 4, $10,000 cash prizes & all existing clients are automatically entered as well.

• OneStep® claims featuring 24/7 live claims adjusters and emergency assistance as well as our unique Claims Guarantee and Service Review Panel.

• We are partnered with Habitat for Humanity to donate any salvageable items from any client claims to be used in our local communities.

Co-operators has been rated as the #1 Insurance Company in Canada for several consecutive years:

https://newsreleases.cooperators.ca/CO-OPERATORS-RANKED-1-HOME-INSURANCE-PROVIDER-IN-CLIENT-EXPERIENCE

WR ALPA Potential Labour Dispute

Dear Cabin Crew Members, 
 

As you may already know, negotiations are underway between Encore ALPA Pilots and the Company, and there is a chance of a labor dispute, potentially leading to a lockout or strike by the pilots. Currently, our Pilots are in the conciliation phase, with a federal mediator appointed to facilitate discussions. To find out more, please visit Collective Bargaining - Canada.ca 
 

While we remain optimistic for a resolution without any disruption to our operations, it is essential to be prepared for any potential scenario. We want to ensure that you have the necessary information and support during this uncertain time. 

STAY INFORMED 

We are committed to keeping you informed and updated as the situation unfolds. Please monitor your email for the latest information.  If you are working with a fellow CCM who has not signed up for emails, please have them sign up on the www.cupe4070.ca.  

KNOW YOUR COLLECTIVE AGREEMENT 

Our Collective Agreement remains in full force and effect.  Should there be any disruption our Collective agreement working rules will govern the scenarios we face. 

SUPPORTING OUR ENCORE PILOTS  

We have been collaborating closely with the MEC of ALPA WR to extend our support to our Pilots as they strive to achieve a fair and equitable CA-2. The Encore MEC is hosting an Informational Picket in YYC on March 22, 2024, at the Calgary Marriott hotel. 
 

We strongly encourage our Cabin Crew members in YYC to attend and show solidarity with our Pilots. However, we advise against wearing your uniform to the event as it violates our Uniform policy and may result in disciplinary action. 
 

Consider connecting with Encore ALPA on social media platforms such as Instagram and Facebook. Sharing their content can help amplify their message and show our collective support for our pilots.    
 

@encorealpa 

@cupe4070 
 

We are here to support you.  Please reach out if you have any questions or concerns

Cancelled Townhall Q&A (Sept 20th)

Dear Members,

We have compiled the questions and provided answers to them below. Should you have any further questions please reach out to your Base Vice President.

Q1: When are we changing to the "real" seniority bidding system? 
 
A:  The policy grievances that were filed in 2022, are still in queue for arbitration and waiting to be heard by an arbitrator. While we wait, we have engaged the company and maintain our position that the system we have is not true seniority and what our membership is in need of. Any language we have surrounding a new PBS Seniority based scheduling system must be clear, concise, and direct. We will not accept language that is vague or gives the company the ability to not fulfill its promise of a true seniority system. 

Q2: When is next per-diem rate adjustment? 
 
A:  The Per Diem rate can be found in your respective Collective Agreement. 

Q3:  With the integration coming up, how will the MSL look? Are they going to be slotted at the bottom of the MSL? 
 
A:  Per the Interim Swoop Integration MOA, those that integrate are added to the bottom of the MSL. One of the many projects the Executive Board has been tasked with is addressing the integration of Swoop and the upcoming merger of Sunwing flight attendants and the impacts on seniority and our membership.  

Q4:  It’s been often observed since ratification where we do not have “adequate or specific language” in our Agreement, and the company has been able to take license to circumvent our intentions. We have CUPE National to guide us, and they are compensated through our dues. How are we going to ensure our next agreement leaves us better protected from non-specific wording that can be used against us? 
 
A:  While the Executives have been tracking areas of improvement identified, it will ultimately be up to our membership to complete the bargaining survey to give the bargaining committee the direction to take. If you haven’t already, we recommend keeping track of what you like and don’t like so it is easier to respond to the survey. Every submission matters. The Executive has heard loud and clear from the membership that vague language will not be acceptable for CA #2. 

Q5:  Will the Union be looking at the clause in our contract regarding modified (ad hoc) duties only being paid at 50%. For people on long term mod duties, this is quite a financial hardship but seems to be a benefit to the employer. 
 
A:  Unpaid Work Won’t Fly. Our compensation along with the other Canadian carriers agree that cabin personnel deserve to be compensated fairly and for their time at work. Any article in our Collective Agreement can be addressed, however with a monetary article such as 41-7, that will have to wait for collective bargaining which will begin for CA #2 in 2025. 

Q6:  Can the Union please make a video tutorial on the basics of Rainmaker. I also brought this question up at a previous Townhall. I don’t think many of us are looking for a super in-depth explanation of every element, but please can someone help me understand how to read this Rainmaker App so I know what my mid-month pay is going to be. Everyone I ask online seems to have little understanding of the App apart from checking to see if 14+ hr duty pay is loaded or how to check our Sick Day balance. Thank you! 
 
A:  The company has guides published on WestNet on how to use Rainmaker. If videos of the program are desired, this ask should be directed to the company who has implemented the use of Rainmaker and would be the subject matter experts. We suggest emailing your DPM with this request. 

Q7:  My Annual (and now separate First Aid) training dates are consistently moved 1 month ahead without my consent. When I try to move the date back to the original month I am told that I can only request to change it within the assigned month. How is it fair that WJ can change the month but CCM’s cannot. For me, it’s about childcare. 
 
A:  We have bargained language around this circumstance in our Collective Agreement that can be found in article 39-3.01. 

39-3.01 Notice will normally be provided to Cabin Personnel sixty (60) Calendar Days in advance of any month’s training events. A Cabin Personnel can request to change their annual/recurrent training dates by submitting the request up to the date of bids closing for the month in which training is scheduled. Approval of such requests will be based on operational requirements. 
 

Requests will be granted based on operational requirements. If you are having childcare issues with annual dates, please reach out to your DPM and inform them of the situation. They have the ability to help accommodate on case by case situations.  

Q8:  I want to know if CUPE will be creating a direct link form for ccms to fill out to send direct feedback about current articles in our agreement they feel need change. There is so much grey area and with negotiations coming up for our next contract we need to be able to compile/organize what needs to change and where people need to see change the most. This would be a easy Microsoft form for CUPE to create that could go directly to our representatives. 
 
A:  Members are welcome to email members of the Executive Board their suggested articles and changes as they track suggestions when received by members. However, it is important to note that the bargaining survey will be what gives the bargaining committee direction on what the local priorities are. Bargaining will begin in 2025. 

Q9:  Any word on Swoop being intergraded in terms of how that will look like seniority wise. Seems only right that they go to the bottom because when the “flowed” from swoop to WJ they lost their seniority. 
 
A:  Discussions on how seniority will look like after the integration of Swoop into WestJet, and Sunwing into WestJet are ongoing. For the mean time, as per the MOA, members will be added to the bottom of the MSL.

Q10:  During the next negotiations can the MSL be revised and corrected as what we voted for in the first place in 2020? 
 
A:  Construction of the MSL has been determined and a decision by the CIRB with complaints has been made. Currently the Executives are working to address the implications of integrating Swoop and Sunwing into WestJet and the impacts on the overall MSL.  Please provide bargaining ideas on the bargaining survey that will be released in 2025.

Q11:  Last July our schedule was delayed because of the company issues and we never got compensated? And this last week again we have a delay in vacation bids because of the company… will we ever be compensated for all those mistakes that do affect our work life? 
 
A:  Policy grievances are a lengthy process as they involve mediation and arbitration. Currently the average timeline is 2 years. Seeking an arbitrator with expertise in the aviation industry is challenging. Resolve for these situations do not always include financial compensation or penalty as resolve in grievances look at making members whole and must be reasonable. Vacation bidding was resolved by having the bids rerun to ensure they were awarded correctly. One thing as a local that we are committed to doing, is getting heard in front of an arbitrator at a much faster rate as currently the backlog from the pandemic has now shifted behind us and dates become more available. With that said, we are filing a grievance due to the breach of the Collective Agreement.

Your Local 4070 Executives:

President, Alia Hussain
Vice President, Tyson Conrod
Recording Secretary, Calvin Gautschi
Secretary-Treasurer, Alex Grigoriev

Swoop Base VP, Sherrie Moore
WestJet Encore YYC/YYZ Base VP, Adrian Dayrit
WestJet YEG/YVR Base VP, Chris Brewer
WestJet YYC Base VP, Brandy Whitby
WestJet YYZ Base VP, Bryan Hansraj

Systems Outage - Irregular Operations

Dear Members 

We have learned that the Company is experiencing an outage related to the Sabre system and possibly other systems. As a result, this could potentially lead to extended duty days. Anytime there is an IROP we would like to remind members of the following: 
 

34-11.04 Any duty period extension beyond the maximum listed in 34-11.02 and 34-11.03 above requires the consent of the Cabin Personnel. 
 

The Company MUST gain consent. Individual Crew Members have the right to determine whether they are willing to extend past this point. This is not a matter of fitness for flight, this is a matter of choice, and it is your right under the collective agreement. 
 

If you are not requested and do not wish to proceed – Contact Crew scheduling and advise them, you do not wish to proceed as per the article above.  You may also use the new Crew View messenger feature in the app. 
 

Please contact your Base VP if you believe you have experienced a violation of the above. Please include your pairing details (screenshot acceptable), timeline of events such as notification of delays, changes, crew scheduling calls, etc. 

YourCUPE4070Executive Team
CUPE4070President, Alia Hussain
CUPE4070Vice-President, Tyson Conrod
CUPE4070Secretary-Treasurer, Alex Grigoriev
CUPE4070Recording Secretary, Calvin Gautschi
WestJet YEG/YVR Base VP, Chris Brewer
WestJet YYC Base VP, Brandy Whitby
WestJet YYZ Base VP, Bryan Hansraj
WestJet Encore YYC/YYZ Base VP, Adrian Dayrit
Swoop Base VP, Sherrie Moore

Labour Day 2023

Dear 4070 Members, 

Your Executive wanted to take a moment to express our deepest gratitude to each and every one of you for your tireless dedication and hard work as members of our local Union.  

We also wanted to take this time to reflect on Labour Day about the importance of the Labour movement and how workers like you have shaped our society and our workplace. Your commitment to advocating for fair labour practices, workers' rights, and the betterment of our unique profession is truly commendable. 

Participating in our Union's activities, rallies, town halls, and meetings has not gone unnoticed. Your contributions have made a significant impact, and your passion for improving the lives of Cabin Crew is inspiring.

This past year the CUPE Airline Division launched the #unpaidworkwontfly campaign to launch our own Labour movement to raise awareness and bring change to the archaic and exploitative compensation philosophies practiced in our industry. The turnout we saw at the airports during the #unpaidworkwontfly campaign was inspiring to witness and shows the true power we have as a Union to make change when we as a membership have said - "enough is enough!"  Just as the original Labour Day movement granted shorter work days and weekends for all, our campaign isn’t just for us, it’s for workers all over Canada to join in and tell their employers that working for free wont fly with their employees in 2023. 

“Labour Day is more than a holiday. It is a day to honor the workers and the entire Labour movement that helped shape Canada for the better. This is the movement that made weekends and lunch breaks a reality. It is the movement that created the working class we have today.” 

Today we pause to reflect on our simple message - one would think would not be needed at this stage of history:
 

When a Flight Attendant is at work, performing work-related duties - they should be paid.  

Thank you again for your dedication, hard work, and tireless efforts. It is a privilege to have such dedicated members in our union. Together, we will continue to make a difference and build towards better working conditions. 
 

Did You Know? The origins of Labour Day started in Canada back in 1872. You can read about it here

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 YEG/YVR Base VP, Chris Brewer
WestJet YYC Base VP, Brandy Whitby
WestJet YYZ Base VP, Bryan Hansraj
WestJet Encore YYC/YYZ  Base VP, Adrian Dayrit
Swoop Base VP, Sherrie Moore

Newsletter

Dear Members,

A few updates of significance: 

• Merger Seniority Discussions- The Executive met at the YYC office for two days of in-depth discussion to begin to unravel and map out the road that lies ahead and plan/strategize how we address the merger seniority scenarios we are faced with.   As a result of the complex nature of the scenario we face the Locals Executive Board authorized the following: 

  • The Local has secured and retained external Legal counsel from Calywrey Law firm in Ontario. We are very pleased to share that Michael Church has agreed to join our team and represent the interests of Cabin Crew of Local 4070.

  • Michael Church has an extensive amount of  Aviation experience in mergers/integrations/acquisitions notably that he had involvement in the Air Canada/Canadian merger amongst others.  He is considered to be an expert on these matters and we will be seeking consultation and guidance. 

• IHRs- We cannot stress the importance of documenting concerns from the line.  We have seen positive movement in the realm of Proactive Fatigue reporting whereby pairings were adjusted.  Please continue to report these pairings to the company.  Collective Bargaining is not intended to replace what our members deem to be unsafe working rules.  We each have a responsibility to self evaluate and report fit for duty.  

  • We encourage our CCM to be mindful of time.  IHRs can be qued while inflight - this best practice works to respect rest periods/time away from duty.  

• IHRs are our most under utilized tool.  We are a very large working group- power exists in our commitment to ensure we are reporting appropriately, respectfully and consistently to the Company.  Reporting supports your Union Executive in discussions to promote change in the organization.  Facebook remains an unrecognized reporting tool for both the Employer and the Union.  

Alia Hussain, CUPE 4070 President
 

C.A.R.D. Committee

National Day of Truth and Reconciliation 

As September 30 approaches, we must recognize the significance of the National Day for Truth and Reconciliation. This day is dedicated to honoring the children who never returned home and the Survivors of residential schools, along with their families and communities. It serves as a vital public commemoration to acknowledge the tragic history and ongoing impacts of residential schools, playing a crucial role in the reconciliation process.  We must come together to acknowledge the harm and trauma the residential school system caused to Indigenous People and communities, and that this harm and trauma continues to reverberate today. 

Johnathan Dyer, CUPE 391 Vice President and National Indigenous Council Co-Chair, shared his thoughts on the holiday: 

“September 30 is an opportunity to remember the children who never made it home from the residential schools, whether that was physically or spiritually. During my lifetime we have seen these institutions close their doors for good, people refusing to accept what happened and finally these atrocities coming to light for the wider public. When the first 215 children were revealed to the general public through ground penetration software, I had a co-worker state that they never knew children died in these schools. This is why we need days like September 30 to remind us all of the cost the country currently known as Canada came with, and to remember the children who returned to the ancestors too early.”  

Local 4070 recommits to the ongoing work of truth and reconciliation and stands with Indigenous communities as they continue to grieve the unjust losses within their communities, and the trauma that continues to be felt. 

On September 30, we encourage everyone to wear orange in solidarity with Orange Shirt Day, an Indigenous-led grassroots commemoration raising awareness of the inter-generational impacts of residential schools and promoting the concept that "Every Child Matters." Numerous activities will take place across the country, offering opportunities to commemorate the violent history and legacy of residential schools. Additionally, buildings, including Parliament Hill, will be illuminated in orange from September 30 at 7:00 pm to sunrise on October 1, symbolizing our commitment to honoring the Survivors and their communities. You can also join the national commemorative gathering, broadcast live from Parliament Hill on September 30, 2023. Let's stand together in support of Truth and Reconciliation. 

To order an orange shirt through the official supplier, please visit Orange Shirt Day Archives - Leading Edge Promo.  A portion of proceeds support the Orange Shirt Society. 

To learn more about National Truth and Reconciliation Day, or to learn what you can do as a union member to support truth and reconciliation, please reach out to the 4070 Committee Against Racism and Discrimination at card@cupe4070.ca. 

If you or someone you know is a residential school survivor, and in need of support, please call the Residential School Survivor Support Line: 1-866-925-4419 

Unpaid Work Won't Fly
 

The International Transportation Federation (ITF) was inspired by our Unpaid Work campaign. They are now collecting information from affiliates to see whether the pay structure we have is common around the world with other airlines and if this is an issue ITF should tackle.

WR Merlot
 

WR, before the end of the year, will be transitioning from their Merlot scheduling software system to Crew Trac and Flica.  This is great news and will provide improved functionality to CCMs.  Should you have further questions please reach out to your WR Leader.

WS Per Diem Calculations
 

Per Diem (41-11) is paid on TAFB, which starts at report and ends at release.  Yet for international rates you only start getting these higher rates on the ‘Out Event’ (MCD closed and park brake released) and ending at the ‘In Event’ (park brake set for last time or MCD open.) For example, if your pairing is YYZ-LAX, 24h layover in LAX, LAX-YYZ, report to departure in YYZ (roughly one hour,) and arrival back in YYZ to release (15 minutes) of your TAFB will be issued at the domestic rate and not the higher international rate. 

The Westjet Group calculates Per Diem by taking the previous year’s rounded number, to two decimal places, adds the 2% increase and rounds to the two decimal places again each year.  By doing this the 2022 North American and Standard/Domestic rates are 1 cent lower than if the raw numbers were used to calculate it.   

We brought this forward to the Employer and due to there being no language specifying the method, Management Rights dictate that the Employer has the freedom to decide how it is done, and the Union has no recourse to address the method outside of Bargaining.   

As we approach our next rounds of Bargaining, the Executive has made note to address per diem increase calculations in our bargaining proposal.  

Save the Dates
All events can be found under "Events" after you log into the website
 

Townhall - Informal 
September 20, 2023 1100PT/120MT/1400ET
Sign Up Here (Open to all Members)
Submit Questions Here

General Membership Meeting (GMM) 
November 8, 2023 1100PT/1200MT/1400ET - Sign Up Here
Open only to Members in Good Standing

When you sign into the meeting the day of, please ensure your first and last name, and your employee number is showing.  Otherwise you cannot be verified and will be denied entry into the meeting.  

**DO NOT USE YOUR WORK EMAIL ADDRESS**

Galley Gossip

(Visit the Galley Gossip Wall on our website to see previous submissions and answers)
 

Galley Gossip: A lot on FAs on probation are worried they’re going to be let go under the probation first, before the merger.

Answer:  The Company has assured the Union there will be no job loss or layoffs as a result of the Merger of Swoop into the WestJet operations.  There are plans to begin hiring in January. 

Your Local 4070 Executives:

President, Alia Hussain
Vice President, Tyson Conrod
Recording Secretary, Calvin Gautschi
Secretary-Treasurer, Alex Grigoriev

Swoop Base VP, Sherrie Moore
WestJet Encore YYC/YYZ Base VP, Adrian Dayrit
WestJet YEG/YVR Base VP, Chris Brewer
WestJet YYC Base VP, Brandy Whitby
WestJet YYZ Base VP, Bryan Hansraj

WO Interim Integration MOA

Dear Members, 
 

We would like to inform the Membership that the Employer and Union have reached an Interim Memorandum of Agreement (MOA) to allow for the integration of the Swoop Cabin Personnel into the WS Unit. The intention of this MOA is to lay out the framework for time sensitive elements of this transition. 
 

You can read the full MOA here.  

Please be advised this is an "Interim MOA" - it does not contemplate seniority in terms of the broader discussion that the Local Executive is currently engaged in. We will communicate further as information becomes available. 

Please reach out to your Base VP if you have any questions.

YourCUPE4070 Executive Team
CUPE4070 President, Alia Hussain
CUPE4070 Vice-President, Tyson Conrod
CUPE4070 Secretary-Treasurer, Alex Grigoriev
CUPE4070 Recording Secretary, Calvin Gautschi
WestJet YEG/YVR Base VP, Chris Brewer
WestJet YYC Base VP, Brandy Whitby
WestJet YYZ Base VP, Bryan Hansraj
WestJet Encore YYC/YYZ  Base VP, Adrian Dayrit
Swoop Base VP, Sherrie Moore

Delay of YWG Base Opening

Dear Members, 

The Employer has advised us that they did not receive the minimum required number of CCM vacancy bids required to open the YWG base in October 2023.  As a result, the base opening has been postponed until Q1 2024. 

The Employer has indicated that they will work over the coming months to ensure that they have the required number of CCMs to open the YWG base during the target opening quarter.  This could be via base transfers, flow, or external hiring.  
 
We recognize that this was a long-awaited and positive change to our operations, and we will continue to work with the Employer to advocate for base openings to support the work/life balance of our Members. 

We understand that this news is disappointing and frustrating for many. If you have questions about this announcement, please reach out to your DPM or your Base VP.  
 

Extreme Temperature Campaign

Dear Members,     

The Occupational Health and Safety Committee (OHS) and Executive Team continue to hear your concerns about extreme cabin temperatures. Extreme temperatures pose health and safety risks to all of us and our guests. We appreciate that the Employer is engaged on this topic, however, with little progress on this issue it remains concerning, especially during the record high temperatures we are experiencing this summer. It is the Employer’s responsibility to protect its workforce, and the Union will continue to advocate for this on your behalf.   

In summer 2022 there were 120 reports regarding unsafe cabin temperatures.  In September 2022, the Employer had a working group looking into the root causes and corrective actions. To date, the only resolution communicated is to lower window shades and open the air vents, yet this does not address the larger concerns of extreme cabin temperatures. This project is still in progress and there will hopefully be additional direction from the Employer.  

On August 6th to 12th, the Union will distribute simple keychain thermometers in the bases (YEG, YHM, YVR, YYC, YYZ).  The thermometer will help you to provide data-based information in the IHRs and to make informed decisions. When attached to your luggage, it will be a reminder for oneself and your colleagues to submit IHRs on busy days.   This is not intended to be a precise piece of equipment.  

This will also be a great opportunity to engage with your Union about your rights under the Canada Labour Code, with respect to dangerous work. 

Recommended Actions while on Duty & Proactive Conversations:  

• Discuss during the Crew Briefing (mitigating strategies, is the APU or ground air being used) 

• Discuss effects of extreme cabin temperatures 

• Communicate with each other (CCM to CCM, CCM to Pilot, CCM to Guests, CCM to Airports/Ground Staff) 

• Onboard announcements to lower window shades and open air vents  

Should you experience an Extreme Cabin Temp-anytime the temperature registers below 18° C or above 29° C in the cabin or anytime temperature feels unsafe or unmanageable even within that range:

• Advise the Lead and/or Captain of the concerns

• Submit an IHR

  • The more detailed the better, such as the various stages of cabin temperatures and steps you took, ex. communicating with the Pilots. Please remember to document each occurrence even if it’s a recurrence. 

• Inform the Union, click here.  The more reports that your OHS Committee gets, the more power they have to continue to apply pressure on the Employer to resolve unmanageable circumstances

Please be advised that you have the Right to Refuse dangerous work if all these steps do not lead to a reasonable solution.  Please review the link here for the Right to Refuse dangerous work or Pamphlet here.

Newsletter

Dear Members,

It has been just over a month since I was elected to the role of Vice President/Lead Steward.  It has been a steep learning curve, but I am excited to continue working with the Executive Team, the Stewards, the Committees and the Members.

A sincere thank-you to Charles Brochu for his service to the Local and his dedication to the Members while he held the role. 

A quick update on what has happened in the Local in the last month:

CLC Sick/Personal Time Mediation
On July 5th WS YYC Base VP. Brandy Whitby, and I attended mediation on behalf of the Local about the changes to Sick and Personal Leave provisions in the Canada Labour Code.  (That’s why we were conspicuously absent from the Townhall.)  After the Local filed a Policy Grievance, the Employer requested we waive a Step 2 grievance hearing and proceed to mediation.  We are happy to have participated in a favorable mediation, which now sees our CA Sick and Personal Time Provisions brought up to the Code standards, without conceding any benefits for our Members. 

All sick time will now be front-loaded rather than accrued, with no loss of sick leave entitlements or to the maximum sick bank.  On August 1st, you will see the remainder of your 2023 sick time loaded into your bank, as well as three paid days of personal leave.  Please check to ensure yours is updated.

YWG Base Vacancy Bid
As a YWG commuter for the last 15 years, I’m excited to say the opening of YWG is in sight.  The base vacancy bid is now complete, and we expect the base to open in October of this year.  Due to Member feedback, we were able to get the Employer to extend the vacancy bid deadline until after the release of the Winter 2023 Schedule.  This allowed potential commuters to view the network and make a more informed decision.

E-Learning Audit
Due to Member feedback, we were able to get the Employer to conduct an audit on e-learning pay.  This audit found that over 950 members were underpaid for their 2022 e-learning. However it also found that approximately 150 members were overpaid for this same training.  The Employer will be contacting affected Members via email.

The Employer has agreed to more transparency and consistency of the e-learning process and how it is paid.  This is an important step to ensure that all of our members are being paid accurately as per the CA.

Note: the Employer has now run a second audit and informed the Union that no members are in an overpayment situation. We understand this process has been confusing and frustrating.  If you have any questions or concerns about e-learning or the audit process, please contact your direct Leader and copy your Base VP on the email

WR Flow and YYZ Base
We’ve heard a lot of concerns from our WR members around what flow will look like moving forward.  As per the Flow MOA, the Employer must offer a certain amount of flow spots per quarter, and the Employer has consistently offered spots above this requirement.  An additional WR flow class was added in August.
We will be conducting an election for WR YYZ Base VP in August.  Keep an eye on your emails for nominations. To sign up for CUPE emails click here (share with you Colleagues if they have not signed up).

Steward Chat
Having been a part of the CUPE 4070 Steward group since our certification, I know how dedicated and hard-working our Stewards are.  As Lead Steward, I’m committed to developing our Stewards as much as we can to ensure a long, healthy life for our Local.  On July 18, the Base VPs and I conducted our first Steward chat since my election.  I’m very excited to continue these chats monthly, and to offer the Stewards as many learning and education opportunities we can.  We have a really great team working for our Members!  There will also be Steward elections in August.

WO Integration
Talks with the Employer about integration continue, and we remain committed to communicating with the Members as information becomes available and shareable.  Our Integration Advisory Committee has been elected and will advise the Executive Team as their Unit ceases operation.  Congratulations to Vanessa Settimi, Jay Antflick, and Katie Taylor, and a huge thank you to all who ran!

Grievances
As Vice President, my main role is to oversee the grievance process and chair the Grievance Committee.  As always, grievances are being consistently filed by the Base VPs on behalf of our Members, with just under one hundred having been filed so far in 2023.
If you believe you have an experienced a violation of the CA, your first step is to have an informal conversation with your direct Leader.  Make sure that you copy your Base VP on all communications, and if your Leader is unable to resolve the issue, contact your Base VP to discuss the next steps. 
 
In solidarity,
Tyson Conrod, CUPE 4070 Vice President & Lead Steward

Uniforms Committee Update

We have an update on the Lake's Collection blouse, it is in the process of being wear tested. It will take some time to conduct the wear test and gather feedback from our fellow cabin crew members wearing them online.  Once we conclude this wear test, we will provide an update.

Winter wear puffer jackets are still on pre-order, and we anticipate that the jackets will arrive at Unisync in late August.  Once received, they will be mailed out to Cabin Crew Members' home address. 

If you have any questions or concerns regarding uniforms, please reach out - uniforms@westjet.com and uniforms@cupe4070.ca 

WR & WS Scheduling Dispute Forms

Please continue to submit scheduling disputes via the form on SharePoint. 
These are vital as we continue to engage with the Employer for a new Seniority Scheduling System. 
The form is on the WestJet Inflight SharePoint page.  Log into WestJet SharePoint>Department Sites>Operations>Inflight and scroll down the page to see WR and WS Dispute Forms.

Collective Agreement Familiarization

Please ensure you are familiar with your Collective Agreement.  It is the responsibility of Members to know your working rules.  Knowing your working rules=knowing your rights.  The Union is not able to help you if you do not help yourself.  

WR 38-5 & WS 38-6 Hotel Cancellation Payment- Will begin next year due to cancellation of the ACM policy. 

WR 34-24 & WS 34-27 Drafting: Should drafting occur, please self assess that you are fit for duty and communicate that to Crew Scheduling during the call.  Fit for duty assessment includes alcohol consumption cutoff times, fatigue etc. 

WO 36-2.03, WR & WS 37-2.03 Hotel Transportation: When transportation is not provided within 40 minutes after release time or within 10 minutes of scheduled hotel shuttle time from the hotel Crew Members will be reimbursed for the actual expense of the taxi/rideshare to/from the airport.  A receipt must be submitted. **WO FAs must contact Crew Scheduling first**

Save the Dates
All events can be found under "Events" after you log into the website
 

Townhall - Informal 
TBD Fall of 2023 1100PT/120MT/1400ET

(Open to all Members)
Submit Questions Here

General Membership Meeting (GMM) 
November 8, 2023 1100PT/1200MT/1400ET - Sign Up Here

Open only to Members in Good Standing

When you sign into the meeting the day of, please ensure your first and last name, and your employee number is showing.  Otherwise you cannot be verified and will be denied entry into the meeting.  

**DO NOT USE YOUR WORK EMAIL ADDRESS**

Galley Gossip

(Visit the Galley Gossip Wall on our website to see previous submissions and answers)
 

Galley Gossip: Hearing about à buy out possibility for top pay FA. ??? Rumours??thank you

Answer: That is currently just a rumour, the Union has not been approached on this subject. 

Galley Gossip: rumour...sunwing f/a's, some of which I know, are under the impression that they will be integrated into our seniority system and keep there present wages which in some cases is higher than ours... thanks

Answer: The Union's first priority is to determine WO's integration.  This will then lay the groundwork for Sunwing's (WG) integration.  Currently anything you hear regarding WG's integration is just rumours.  Only official emails from CUPE 4070 or from the Company should be given any merit.

On behalf of your Local 4070 Executives:

President, Alia Hussain
Vice President, Tyson Conrod
Recording Secretary, Calvin Gautschi
Secretary-Treasurer, Alex Grigoriev

Swoop Base VP, Sherrie Moore
WestJet Encore YYC/YYZ Base VP, Adrian Dayrit
WestJet YEG/YVR Base VP, Chris Brewer
WestJet YYC Base VP, Brandy Whitby
WestJet YYZ Base VP, Bryan Hansraj

ADCP-Harvard FA Health Study Phase 4

WS E-Learning Audit

Dear Members, 
 
Earlier this year, potential discrepancies in the pay for online training modules were brought to the Union’s attention by WS Cabin Crew Members (CCMs).  
 
Online and Company Required Out-of-Class Training  
WS CA 41-9.07: Online and Company required out-of-class training will be paid but not credited fifty percent (50%) of the completion time for Company required training. For clarity, a Cabin Personnel’s personal review and study time shall not be considered Company required out-of-class training. For the purposes of pay, the completion time of each course or work assigned will be based on the published completion time for that course. 
 
WS CCMs are to be paid 50% of the published completion times, and discrepancies were identified between the published completion times and what WS CCMs were paid. Over the past few months, CUPE has been engaged with the Employer to identify and rectify these concerns. It was discovered that the published completion times fluctuated between Q1, Q2, Q3, and Q4, based on median completion times by WS CCMs when comparing the data from the previous quarter. The Employer agreed to run an audit on the 2022 online learning pay, which substantiated the concerns brought forward by Members.  
 
Over 950 WS CCMs were underpaid for online learning in 2022. The amounts varied from a few dollars to a few hundred. 
 
However, the audit also found that over 150 WS CCMs were overpaid for their online learning in 2022. As per the WS Collective Agreement, Repayment Schedule 42-2, those that are owed will be paid back, and those that owe will have to pay back. The Employer will be sending out emails to all affected WS CCMs.  
 
To prevent this problem in the future, CUPE and the Employer agreed that the published completion times would remain the same on the CCD throughout the year. This would not change, unless there is a significant update to the online learning. The CCD will reflect those times in that case.  
 
Your Union would like to thank each and every WS CCM that brought this issue to our attention. The errors would not have been caught if it hadn't been for your efforts and persistence. 
 
We would also like to highlight that any time there is a problem or issue (WO, WR, WS), please bring it forward to your respective WO, WR or WS Base Vice-President, through the proper channels, so we can work on a potential resolution like we have for the online learning payments. We achieved these results through the collaborative efforts of the Union's Members and your Executive Team. 
 
Contact your CUPE Representative here. 

President, Alia Hussain
Vice President, Tyson Conrod
Recording Secretary, Calvin Gautschi
Secretary-Treasurer, Alex Grigoriev

Swoop Base VP, Sherrie Moore
WestJet Encore YYC/YYZ Base VP, Adrian Dayrit
WestJet YEG/YVR Base VP, Chris Brewer
WestJet YYC Base VP, Brandy Whitby
WestJet YYZ Base VP, Bryan Hansraj

WO Integration Advisory Committee Vote Result

Good day Members,

Below is the vote result for the WO Integration Advisory Committee.  Thank you to all who participated.

ELECTION RESULT:

2x WO YHM/YYZ Integration Advisory Committee 105 (62.5%) of 168
Vanessa Settimi - READ MORE-87 (41.4%)
Jay Antflick-74 (35.2%)
Jessica Lockley-49 (23.3%)
 

ACCLAIMED:

1x WO YEG  Integration Advisory Committee
Katie Taylor - READ MORE

Electoral Officer: 
The Electoral Officer for this election will be Jael Gosselin, WestJet YYC Cabin Crew Member.

Returning Officer: 
The Returning Officer for this election will be Christine Weisner, WestJet YYC Cabin Crew Member.

Respectfully,
Calvin Gautschi
Recording Secretary - CUPE 4070

Elections July 2023 - Voting Package WO Integration Advisory Committee

Good day Members,

In this email, is the voting information for the WO Integration Advisory Committee. The voting link will be sent out once elections open (see below), and to eligible voters only.
 

ELECTION REQUIRED:

2x WO YHM/YYZ Integration Advisory Committee
Jay Antflick
Jessica Lockley
Vanessa Settimi - READ MORE
 

ACCLAIMED-NO ELECTION REQUIRED:

1x WO YEG  Integration Advisory Committee
Katie Taylor - READ MORE
 

Voting is open to Members in Good Standing only.

If you wish to become a Member in Good Standing, please sign a card and pay the $5 Membership fee (if you haven't already), this will begin the process and is completed at the next General Membership Meeting (GMM). SIGN A CARD HERE 

Your secure voting link will arrive via email from: vote@simplyvoting.com.

If you do not find your voting link in your email, please check your spam/junk folder.

If you are still unable to find the link, please email us here.

Please include your full name, airline unit and employee number in the email.

First Round Election Start: 
July 16, 2023 at 03:00PT / 04:00MT / 06:00ET 
First Round Election End: 
July 21, 2023 at 15:00PT / 16:00MT / 18:00ET

Electoral Officer: 
The Electoral Officer for this election will be Jael Gosselin, WestJet YYC Cabin Crew Member.

Returning Officer: 
The Returning Officer for this election will be Christine Weisner, WestJet YYC Cabin Crew Member.

Respectfully,
Calvin Gautschi
Recording Secretary - CUPE 4070

WS YWG Base Bid MOA

Good day Members, 
 
CUPE and WestJet have signed an MOA for the opening of the WS YWG Base.  

As outlined in the MOA, the intention is to allow a one-time exception applied to existing parameters outlined in the Collective Agreement. This will provide as many members as possible the opportunity to participate in the initial YWG base bid. 

You can view the MOA here.  The anticipated effective date of awarded bids is October 2023 blocking month, aligning with the base opening. 

Please Note: If you are currently on protected leave and are denied the opportunity to bid for this base vacancy, please reach out to your Base VP here. 

If you have any questions in relation to this MOA, please reach out to your DPM. 

President, Alia Hussain
Vice President, Tyson Conrod
Recording Secretary, Calvin Gautschi
Secretary-Treasurer, Alex Grigoriev

Swoop Base VP, Sherrie Moore
WestJet Encore YYC/YYZ Base VP, Adrian Dayrit
WestJet YEG/YVR Base VP, Chris Brewer
WestJet YYC Base VP, Brandy Whitby
WestJet YYZ Base VP, Bryan Hansraj

Unpaid Work Won’t Fly Update #2