Merger Update #7 - Arbitration

Dear Members,

Message from CUPE LOCAL 4070 Executive Team

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

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

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

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

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

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

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

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

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

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

Your Local 4070 Executive Team,
President - Alia Hussain
Vice-President - Tyson Conrod
Secretary-Treasurer - Alex Grigoriev
Recording Secretary - Calvin Gautschi

WestJet YVR/ YEG Base VP - Chris Brewer
WestJet YYC Base VP - Brandy Whitby
WestJet YWG Base VP - Tyson Conrod
WestJet YYZ Base VP - Bryan Hansraj
WestJet Encore YYC Base VP - Heather Crippen

Clarification on Seniority, the Sunwing Merger, Flow and Inter-Departmental Transfers

Dear Members,

We want to take this opportunity to address several important issues concerning seniority matters in Local 4070. There has been a lot of discussion and, understandably, some confusion surrounding these topics. Our goal is to clarify the distinctions between what is currently under Arbitration, and what falls under internal decisions that are determined by our membership.

Sunwing Merger and Seniority Issues 

First and foremost, our communications of late are focused on the Sunwing merger of Local 4070 members with CUPE Local 4055. While Swoop Integration is linked to this discussion, the primary event we have been referring to is the Sunwing merger.

It is essential to draw a distinction between the roles of Local 4070 and CUPE National in this process. CUPE National has expressed its views on these issues based on their position on Seniority, and they have the right to do so as a party involved in the merger.

Local 4070 maintains a primary position anchored in Length of Service (LOS) calculation for determining seniority during this merger. Our position is grounded in precedent and case law, and we are particularly focused on the impact of Seasonality and layoffs, which has been a significant concern for our membership. This matter is currently before an arbitrator, and our arguments must adhere to legally established methods.  

Internally, we have a history of addressing seniority through well-established processes, but in cases like this, we are bound by precedent as part of a broader legal framework. We want to emphasize that the Union is not disregarding any group's rights.   

Encore and Swoop Flow MOA 

In terms of the seniority concerns related to Encore and Swoop Flow, we must turn our minds to the Memorandum of Agreement (MOA) governing these processes remains in effect. Under this MOA, members of Local 4070 voted and agreed that those who accepted employment with the mainline would forfeit their seniority. This was a democratically decided internal matter, not subject to oversight by external bodies such as the CIRB.

While this arrangement can certainly be revisited, any change would have to come from our membership. It would require a fresh decision by our members — not by the CIRB or the Union leadership. This is an internal matter based on what was previously bargained and agreed upon.

Link to MOA / Link to Flow MOA Amendment

Inter-Departmental Transfers and Seniority

Another issue that has resurfaced is the concern over seniority related to inter-departmental transfers. We fully understand the frustrations and concerns around this. Our Executive Board has had in the past and continues to have members of different experiences of how they started at WestJet including internal transfers. 

We want to clarify that the forfeiture of seniority for inter-departmental Transfers stems from the ratification of CA1 (Collective Agreement 1). Changing this would require a reassessment in the context of CA2 negotiations of Article 15 Seniority, and it would be up to the membership to determine if this issue is a bargaining priority.

Link to WS CA

Looking Ahead 

We want to reiterate that our intention is not to be insensitive to the concerns raised. However, it's important to separate these different issues so that we can avoid division among ourselves. The merger has reignited concerns about seniority, and we hope it encourages all of us to reflect on our approach to these issues historically as we move towards Collective Bargaining in 2025. Bargaining will require all of us to be focused on the priorities put forward by the group. More to come on the Bargaining Learning Series as we move past this Merger.

It’s important to acknowledge that the complexities of these matters cannot be simplified. They are shaped by years of documents, mechanisms, jurisdictions, and history. Moving forward, we must first look at how we got here and then take our next steps accordingly.  We hope this message helps shed light on the various pieces of this puzzle.  

We appreciate our members' engagement and continued support as we navigate these challenging times together.

In solidarity,

Your CUPE 4070 Executive Team
CUPE 4070 President - Alia Hussain
CUPE 4070 Vice-President - Tyson Conrod
CUPE 4070 Secretary-Treasurer - Alex Grigoriev
CUPE 4070 Recording Secretary - Calvin Gautschi

WestJet YVR/ YEG Base VP - Chris Brewer
WestJet YYC Base VP - Brandy Whitby
WestJet YWG Base VP - Tyson Conrod
WestJet YYZ Base VP - Bryan Hansraj
WestJet Encore YYC Base VP - Heather Crippen

CUPE 4070 Newsletter - October 2024

• Breast Cancer Awareness

• WestJet | Sunwing Merger

• Grievance Update

• Who to Contact

• Crew Member Socials Dates

• Scheduling Review Committee (SRC) Update

October is Breast Cancer Awareness Month 

  As we enter October, a month dedicated to Breast Cancer Awareness, we want to take a moment to honor and support all those affected by this disease. As a predominately female based industry breast cancer impacts many of our colleagues, friends, and loved ones, and it’s important for us to raise awareness and foster a culture of support and understanding.  

Origins in the 1980s:
  The movement began in earnest in the early 1980s, with the first organized effort in 1985, led by the American Cancer Society. The goal was to promote awareness about breast cancer and encourage early detection through mammograms. 

Pink Ribbon Symbol:
  The pink ribbon emerged as a symbol of breast cancer awareness in 1991 when Estee Lauder’s Evelyn Lauder helped distribute them during a race for breast cancer. The ribbon has since become a powerful symbol, representing the fight against breast cancer and solidarity among survivors and supporters. 

Increased Awareness and Funding:
  Over the years, the campaign has played a crucial role in increasing awareness and funding for research, education, and support services. Fundraising events, like walks and runs, have gained popularity, bringing communities together to support the cause. 

  Throughout the month, we encourage you to participate in activities that promote awareness, such as sharing information about early detection and prevention, and participating in local fundraising events. Whether it’s wearing pink or simply spreading the word, every action counts.  

  Let’s come together as a union to uplift those in our community who have been touched by breast cancer. Remember, knowledge is power, and by staying informed, we can help ourselves and each other. 

WestJet and Sunwing Merger Update 

  We would like to note that as previously communicated, during the week of September 9-13, your Local 4070 Executive gathered in Toronto for mediation with Sunwing Local 4055, WestJet and CUPE National to discuss seniority. This collaborative effort marks a pivotal step toward fostering unity and addressing shared concerns between our locals. 

  Throughout the negotiation process, both Local 4070 and Local 4055 presented proposals that prioritized the best interests of their memberships. Despite efforts to reach an agreement through mediation, it became apparent by Friday evening that arbitration was the only viable option to address the seniority issues affecting all members. 

  It is crucial to recognize that the integration of seniority lists arises from our parent company's acquisition of another airline. This situation has caused significant disruption and stress for members of both Local 4070 and Local 4055, and it is important to emphasize that the responsibility lies with the employer, not the Locals.  

  While differing perspectives on seniority are expected, we must remember that both Local 4070 and Local 4055 members will ultimately be part of the same union, advocating together for shared interests of all members during the bargaining process in 2025.  

  We acknowledge that seniority is a sensitive and vital issue for union members, and while differing opinions will arise, it is essential to set those differences aside to foster unity and solidarity. This approach will enhance our collective strength as we negotiate for improved working conditions and wages. If we allow our differences to divide us, we risk losing our unified voice, which the employer will exploit.  We have waited 4.5 years for change- we need to remain focused on moving forward and on our collective interests. 

CUPE National Statement on their position

  Throughout this process, CUPE National has sought to play a facilitative role and intervene as little as possible. However, the national union is compelled to make a submission in the arbitration process respecting the integrated seniority list.   

  Given that date-of-hire is already the guiding principle with respect to seniority in both collective agreements, it represents the best path forward. It is CUPE’s view that date-of-hire privileges neither side as it affirms positions already democratically established by union members through ratification votes.  

  Additionally, CUPE believes that date-of-hire is a basic union principle of seniority, and it is what the union strives to achieve in all our agreements in the airline sector. It remains the industry standard, and CUPE believes it is the union's obligation to protect it for future generations of airline workers, including ensuring portability within CUPE in the event of future mergers. 

Merger Committee 

  We extend our sincere appreciation to the Merger Committee Members for their invaluable contributions. With the seniority process now in the hands of Arbitrator Kaplan, the Committee's work has concluded. Thank you for your dedication and hard work throughout this significant undertaking. 

WS:
  Jennifer Gehan
  Berkley Lamb
  Meghan Gulliver
  Charles Mercure
WR:
  Leanne Garrett
  Gemma Ashmore
WO:
  Chelsea Fogliato
  Vanessa Settimi
 

Local Grievance Update: 

  As many of you are aware, the recent hailstorm in August in Calgary caused significant disruptions, affecting some of our members' pairings and subsequently left our crew without hotel rooms. We want to take a moment to address the grievances that have been filed regarding the failure to secure hotel rooms in a timely manner for affected members back in August. In response to the distress caused by this situation, the local union has filed several grievances on behalf of our members.

Key points of concern include: 

  Lack of Accommodation 

• Members reported that despite the company's efforts to secure hotel rooms, many were left waiting hours for a place to stay. This not only created undue stress but also impacted their ability to fulfill work obligations. 

  Communication Breakdown 

• There was a notable lack of timely communication from management regarding the status of hotel arrangements. Members were left in the dark, which exacerbated the situation and added to their frustration.  

  Since filing those grievances, the company has acknowledged that the process in which they secure hotel rooms for our members during IROP’s or when cities are at capacity due to a variety of events in town, needs to change. They have begun work and have consulted with the union on the matter. Once the process is finalized, we would be happy to share with our members the new process that will take place and hopefully we won’t see members waiting for hotel room for hours on end during IROP’s.  In response to the distress caused by this situation, the local union has filed several grievances on behalf of our members.    

  During the week of September 23-27, 2024, Our Vice President Tyson Conrod and YYZ Base Vice President Bryan Hansraj along with our representatives from CUPE National, met with Labour Relations from the company to go over our outstanding grievances that are currently in queue for arbitration. We have utilized National legal resources and knowledge to make sure that we get the over 100 grievances taken care of in the best manner we can for our affected members. We know the wait for arbitration can be a long one and we appreciate the patience of our members that have filed that are being referred to arbitration. The union is hoping that once these cases are either settled or referred to arbitration that we can move forward, and the arbitration process can happen in a timelier fashion. 

Who To Contact

  We would like to take a moment and remind the membership of who to contact and when.  It is always important to keep your union informed of what is happening online so they can track trends that may be taking place and bring them forward.  A key part to keeping your Local informed of what's going on is through you, the membership.
 
  It is always good practice to CC your Local 4070 Base VP on communication between yourself and the company.

Scheduling Issues:

• Crew Scheduling

  • Scheduling Review Committee and/or DPM.

  • The SRC and/ or your DPM can look into any questions you have with regards to call outs/ Flica, anything Crew Scheduling.

  • If you do email your DPM to look into the investigation, please CC the Scheduling Review Committee so they can track the trends taking place.

  • ws.src@cupe4070.ca | wr.src@cupe4070.ca

• Schedule Release

  • Must fill out a dispute form found on SharePoint within 72hours of schedule release.

  • Emails will not be accepted as valid disputes.  Emailing the company and not filing out a dispute form will not be accepted as a valid dispute.

  • Please follow the language in the CA 34-2.02.

• Vacation (outside of vacation disputes)

  • WSNewhirevacation@westjet.com

    • Please CC Scheduling Review Committee for tracking purposes.

  • GDOs - Click HERE for a tutorial of how to add GDOs to your schedule.

    • To add GDOs manually, please fill out the form found on your CCD.

• Fatigue - Please fill out the Fatigue form found on your CCD.

  • Forward a copy of your fatigue report to the Scheduling Review Committee so they can track it.

• All other Schedule related issues, please reach out to your Scheduling Review Committee for assistance.

Hotel | Transportation Issues:

• Urgent: Please reach out to any available DPM, or Crew Scheduling.

• Non Urgent: Please reach out to your Local 4070 Hotel Committee.

  • It is important that you inform them of any hotel issues that you may come across so they can track issues taking place and have them addressed.

  • If you reach out to your DPM, we ask that you CC Local 4070 Hotel Committee so that they can track all occurrences.

• Hotels@cupe4070.ca

Occupational Health and Safety:

• Forward safety reports for tacking and trending purposes.

• Suggest Health & Safety improvements.

• Ensure regulatory compliance

• Request occurrence follow up with the employer 

• Request for a Safety item to be brought to the Workplace Committee meeting.

• Address health concerns

• For information about workers rights

• ws.ohs@cupe4070.ca

• wr.ohs@cupe4070.ca

Base VP:

• Representation in a meeting with management.

• To file a grievance.

  • Even though the investigation may have been done by someone else, it is the role of a Base VP to file all grievances.

• Any other issues or concerns you may have.

• Please be sure to CC your Base VP on communication with The Company.

• For a list of current Base VPs and their contact click HERE

Important – Update your Information 

  Have you switched bases, flowed, moved addresses, got a new phone number? Please let us know so we can keep our records up to date! Fill out the form at the link below and we will update your status. 

Update Your Information — CUPE 4070 

WestJet Crew Member Socials 

  WestJet is inviting cabin crew members (WS and WR) to join for a fun-filled evening of networking (and prizes)! Enjoy appetizers, drinks, and the company of colleagues, leadership, CUPE representatives and support teams. 

October Socials: 

• Wednesday, October 9 - YEG

  • 6:30 – 9:30 p.m. at MKT Edmonton,  8101 Gateway Blvd, Edmonton, AB  

  • You must register here to attend before October 4.    

• Wednesday, October 23 - YYC

  • 6:30 – 9:30 p.m. at Trolley 5 Brewpub, 728 17 Avenue SW, Calgary, AB  

  • You must register here to attend before October 18. 

  Additional information: 

• This event is for employees only (sorry, no guests will be permitted). 

• Attendance is voluntary and tickets are FREE. 

• Travel expenses incurred to attend will be the responsibility of each guest. 

• Uniforms are not permitted to be worn at this event. 

• Your registration will be confirmed via the Microsoft form which will remain open until the closing dates noted above. 

• Please email allison.harbinson@westjet.com for additional assistance. 

Scheduling Review Committee Update 

  In an effort to share the inner working of the scheduling review committee we thought we would share some insight to the committee.  

  For October schedules, we received 27 Day off Disputes and 26 Pairing Disputes. Our Scheduling Review Committee aims to investigate and respond to these disputes before the end of July. Investigating each individual dispute can be time-consuming, as it depends on the complexity of the issue and the need to analyze the entire schedule.  

  To avoid filing a dispute and receiving a schedule that does not work for you, we encourage you to reach out to us for bidding advice before the bidding period closes. We are always available to assist you proactively and help you avoid any scheduling issues.  

  The Scheduling Review Committee is responsible for investigating disputes monthly and handling other schedule-related matters such as Reserve call outs, pairing extensions, RTD assignments, and call outs. If you have any questions or investigations, you would like us to undertake, please don't hesitate to reach out to us.  
 

WestJet Mainline 

  Schedule Dispute Period follows the language of the Collective Agreement,  
  WS - 34-2.02 In the event that a Cabin Personnel wants to address concerns with their issued monthly schedule, they will notify the Union representative on the Scheduling Review Committee within Seventy-two (72) hours of schedule release to review and respond. 
**The form to file a Dispute can be found on SharePoint and will only be active for Seventy-two (72).  You can also find the form HERE. 

  You do not need to fil out more than ONE dispute form for Pairing Disputes.  Please DO NOT email the SRC with disputes.  We cannot accept disputes through email, filling out the form is the only process. 

  Reminder that a dispute is not a grievance, and the investigation must be completed through the form as Step 1. 

  We have been working hard to implement new processes within the committee to improve efficiency and consistency for our members' benefit. We will be releasing a monthly communication with updates and important information. If you have any scheduling questions or specific inquiries, please send us an email HERE. 
 

WestJet Encore 

  Schedule Dispute Period follows the language of the Collective Agreement. 
  WR - 34-2.03 In the event that a Cabin Crew Member wants to address concerns with their issued monthly schedule, they will notify a Union representative on the Scheduling Review Committee within seventy-two (72) hours of schedule release to review and respond. 
  To begin the dispute please send an email to your DPM and WR YYC Base VP within 72 hours of schedule release.  
 
  Please note that Reserve is not given on a seniority bases and you must use a bid line to "avoid" reserve.  
 
  Please contact the WR YYC Base VP with any questions proactively for the best opportunity of receiving a preferred schedule.   
 

REMINDER - Follow the process outlined in the CA for Schedule Disputes.  If you email the Scheduling Review Committee or the company to investigate your schedule and it is valid, nothing will be done to resolve it if the proper process was not followed.  The SRC needs to be aware of scheduling issues, especially with a new system coming soon.  By emailing the company thinking they will fix your schedule, you are not following the language in the CA as well as not providing the committee with the information they need for tracking and trending issues that may be happening.  

REMINDER - Use the proper resources when inquiring about Day of Operations.  Your DPM and/ or The Scheduling Review Committee.  It is not appropriate to contact Crew Scheduling for anything other than concerns with YOUR schedule.  It is not appropriate to contact Crew Scheduling with concerns about other Crew members schedules, please contact DPMs with inquiries or request for investigations.

SAVE THE DATE
All events can be found under "Events" on CUPE4070 Website

General Membership Meeting (GMM)
November 13th, 2024 - 1100PT/ 1200MT/ 1400ET
Sign Up HERE
Open to Members in Good Standing and/ or those who have completed the application process.

Elections
Elections will be held in November 2024.  More information will be available in the near future.

On behalf of your Local 4070 Executives
CUPE 4070 President - Alia Hussain
CUPE 4070 Vice President - Tyson Conrod
CUPE 4070 Recording Secretary - Calvin Gautschi
CUPE 4070 Secretary-Treasurer - Alex Grigoriev

WestJet YVR/ YEG Base VP - Chris Brewer
WestJet YYC Base VP - Brandy Whitby
WestJet YWG Base VP - Tyson Conrod
WestJet YYZ Base VP - Bryan Hansraj
WestJet Encore YYC Base VP - Heather Crippen

National Day for Truth and Reconciliation

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

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

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

Why September 30th

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

How Can We Engage in Reconciliation

Educate Yourself

• Learn about the history of residential schools, treaties, and the ongoing challenges faced by Indigenous communities. 

• The Yellowhead Institute is and Indigenous-led research and education center based in the Faculty of Arts at the Toronto Metropolitan University.

• Take time to read the TRC's 94 Calls to Action.  Reflect on how you or your organization can support them.

Wear Orange

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

Support Indigenous-Led Initiatives

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

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

Merger Update #6 - Seniority Positions

Dear Members, 

  As we continue to move forward with the integration process to the next step of Arbitration, several key parties have established their positions on how the Integrated Seniority List (ISL) should be constructed.   

  This issue ISL construction will impact our membership, and it is important to understand where each group stands as we move towards the upcoming arbitration hearing. Below is a summary of the positions of CUPE National, CUPE Locals 4055 and 4070, and WestJet, along with important dates related to the ISL process.  

CUPE Local 4055’s Position:  
Relative Seniority Principles 

  CUPE Local 4055, representing the cabin crew at Sunwing Airlines, advocates for the Integrated Seniority List (ISL) to be constructed using Relative Seniority. This method compares the seniority of employees within their respective groups before the merger and attempts to align them in proportion to their standing within their own company. In this approach, each employee’s position on the list is determined by their seniority relative to others in their original workforce, rather than using an absolute start date.  

  Example:  

• If an employee was in the top 10% of their seniority ranking at Sunwing, they would aim to be placed in a similar percentile within the combined seniority list after the integration, maintaining their relative rank compared to their peers.  

• Another example of relative seniority is their most senior CCM (2005) would be equal to our most senior CCM (1996).  

• This method according to the submissions seeks to avoid one group dominating the list simply due to size or earlier hire dates, aiming for a fair distribution across the workforce.  

  However, a concern with Relative Seniority is that it can result in situations where employees with less actual service time in the industry may receive a seniority ranking that place them ahead of those with more years of experience, based solely on the size and structure of the pre-merger workforce.   

CUPE Local 4070’s Position:   
Length of Service Calculation 

  CUPE Local 4070 supports using a Length of Service (LOS) Calculation to determine seniority in the ISL. The LOS method ensures that seniority is based on the actual time employees have worked for the company. It uses the employee’s Date of Hire (DOH) as the starting point, but with an important adjustment for any periods of layoff where the employee was not actively working. 

  In this approach, no discount is applied to employees' service time. Instead, the position is that if an employee was laid off, that time simply does not count towards their seniority. This adjustment is not punitive; rather, it reflects a straightforward principle: seniority is based on time worked, not on time spent away from the workforce. 
 
  In other words, nothing is being taken away—if you weren’t working during a period (such as a layoff), you aren’t penalized, but that time doesn’t count toward your overall seniority calculation either.  

  Example:  

• An employee hired on January 1, 2015, with no periods of layoff would have a seniority date reflecting their full years of service since that hire date.  

• An employee hired on January 1, 2015, but who was laid off for six months in 2018, would have their service time adjusted accordingly, and six months would be subtracted from their overall Length of Service, meaning their seniority would be calculated as if they were hired six months later, reflecting the actual time worked.  

  The LOS calculation prevents the artificial inflation of seniority by ensuring that those who were not working during certain periods do not gain unfair advantages in terms of placement on the ISL. It offers an accurate reflection of each employee’s contribution over time, safeguarding fairness across the integrated workforce.  

CUPE National’s Position:  

  CUPE National announced that it will no longer remain neutral on the Integrated Seniority List (ISL) construction and intends to submit a formal position. Their stance is that seniority, as a fundamental Union principle, should be determined based on Date of Hire (DOH).  

WestJet’s Position: 

  At the time of writing, WestJet has not formally taken a position on the ISL matter. However, the company reserves the right to respond or make submissions if necessary.  

  The final decision on the ISL construction will be made by Arbitrator Kaplan during the upcoming arbitration hearing on October 4th in Toronto (YYZ). The construction of an Integrated Seniority List is complex, and each approach has its merits and drawbacks. Local 4070 will continue to advocate for a fair and equitable solution that protects the interests of all our members.   

  We encourage all members to engage in respectful discussions about the ISL process on social media platforms. As this situation continues to evolve, we will keep our membership informed with the latest updates.  

  If you have any questions or concerns, please contact your Base VP HERE.  
  

Important Dates:  

• September 26: Case Management Meeting to discuss the next steps in the integration process, including the creation of a single bargaining unit. 

• October 4: Arbitration Hearing in Toronto (YYZ). 

In solidarity, 

Your CUPE 4070 Executive  
CUPE 4070 President - Alia Hussain 
CUPE 4070 Vice-President - Tyson Conrod 
CUPE 4070 Secretary-Treasurer - Alex Grigoriev 
CUPE 4070 Recording Secretary - Calvin Gautschi 
WestJet YVR/ YEG Base VP - Chris Brewer 
WestJet YYC Base VP - Brandy Whitby 
WestJet YWG Base VP - Tyson Conrod 
WestJet YYZ Base VP - Bryan Hansraj 
WestJet Encore YYC Base VP - Heather Crippen 

Merger Update #5 - Moving to Arbitration

Dear Members,

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

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

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

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

In solidarity,

Your CUPE 4070 Executive Team
CUPE 4070 President - Alia Hussain
CUPE 4070 Vice-President - Tyson Conrod
CUPE 4070 Secretary-Treasurer - Alex Grigoriev
CUPE 4070 Recording Secretary - Calvin Gautschi

WestJet YVR/YEG Base VP - Chris Brewer
WestJet YYC Base VP - Brandy Whitby
WestJet YWG Base VP - Tyson Conrod
WestJet YYZ Base VP - Bryan Hansraj
WestJet Encore YYC Base VP - Heather Crippen

Weekly Bulletin - Turbulence

Dear Members, 

  Turbulence is an ever-present hazard in our workplace, and remains the leading cause of injuries for Flight Attendants. Despite our best efforts to prepare through pre-flight briefings and ride reports, turbulence can be unexpected. 

  The following are statistics from the company:

• 2023 Totals: 553 injuries (levels 1 and 2), with 63 related to turbulence.

  • Of these, 19 resulted in TDI (Total Disabling Injury). 

• 2024 to Date: 492 injuries (levels 1 and 2), with 48 related to turbulence.

  • Of these, 18 resulted in TDI. 

• 2023 Same Period: 358 injuries (levels 1 and 2), with 42 related to turbulence.

  • Of these, 12 resulted in TDI. 

  From the chart below, this year is trending to have an increased number of turbulence related injuries in comparison to last year.  It is more important than ever to take precautions and heighten your situational awareness to help avoid turbulence related injuries. 
 

Stay Safe 

  To ensure your safety, please adhere to the following practices: 

1. Always Wear Your Seatbelt: Whenever you are seated, whether in a passenger seat or jump seat, keep your seatbelt fastened to protect yourself from unexpected turbulence. 

1. Follow Safety Protocols: Pay close attention to safety briefings and follow all suggestions. Ask questions to clarify when turbulence is expected and plan your service accordingly. 

1. Stay Informed: Ask for updated ride reports throughout your flight, and especially prior to second service. 

  Your safety is our top priority. By staying vigilant and following these guidelines, we can reduce the risk of injuries caused by turbulence. 

  If you are injured in Turbulence, or any workplace incident, please remember to report it, no matter the injury.  You can do this thru an IHR on your CCD, as well as CUPE Occupational Health and Safety Committee HERE.

Stay safe and fly smart! 

Your CUPE 4070 Communications Committee 

Save the Dates:

All events can be found "Events" on CUPE4070 website 

General Membership Meeting (GMM)  

Nov 13th, 2024 - 1100PT/1200MT/1400ET 
Sign up at this link
Open to Members in Good Standing and/or to those who have completed the application process. 

Elections
Elections will be held in November.  More information will be available closer to the date.

Merger Update #4 - CIRB Hearing

Dear Members,

On September 6th, the CIRB held a case management hearing regarding the application submitted earlier this year (see below for links to all comms sent so far on this matter). As part of our ongoing commitment to keeping the membership informed, we are providing the following update to ensure all members are up to date on these important developments. 

The Industrial Relations Board has issued the following Orders: 

1. The bargaining unit structure for cabin crew members/flight attendants at Sunwing and WestJet is no longer appropriate and needs to be reviewed. 

2. One consolidated bargaining unit of all cabin crew members/flight attendants is appropriate for collective bargaining.

3. CUPE will remain the certified bargaining agent of the new consolidated bargaining unit.

4. The integration of the seniority lists of all cabin crew members/flight attendants at WestJet and Sunwing shall be determined by a sole arbitrator, William Kaplan, with specific parameters:

   • The parties to the arbitration are CUPE, CUPE Local 4055, CUPE Local 4070, and WestJet/Sunwing.

   • The arbitrator's jurisdiction is limited to determining a fair and equitable integrated seniority list for the employees currently in the bargaining units at WestJet and Sunwing.

   • The arbitration process will be conducted as per the agreement of the parties.

   • The arbitrator shall have all the powers that the Board would have in merging seniority lists.

   • The arbitrator's award will be final and binding.

5. The integrated seniority list shall be produced to WestJet no later than November 15, 2024, unless agreed otherwise.

6. Any other outstanding issues related to the consolidation and integration of the bargaining units shall be addressed between the parties, with the assistance of the Board's officers as required.

7. The Board will hear and address any unresolved issues relating to the functional integration of bargaining units on December 18, 2024. 

See judgement order here.

So, what does this mean for Local 4070? Basically, the CIRB has ordered the consolidation of the bargaining units for cabin crew members/flight attendants at WestJet and Sunwing, with CUPE remaining the certified bargaining agent, and has provided a framework for the integration of the seniority lists through a binding arbitration process along with deadlines.  

NEXT STEPS

Establishing the Integrated Seniority List (ISL)
CUPE Local 4070 Executive Board and its Legal Counsel are currently attending mediation in Toronto to resolve the issue of seniority from Sept 9-14. Currently parties remain apart on the matter over what we each believe to be a fair and equitable solution to a new seniority list - we believe our proposal is the most reasonable approach to establishing the ISL. Should an agreement not be reached this week, the matter will then be before the arbitrator, and they will make a final binding decision on behalf of both Locals. The new list will be presented to WestJet before Nov 15, 2024.

Briefing: Outstanding Issues
As we continue to navigate the complexities of this merger, there are several prominent issues that remain unresolved. In previous updates, the Executive Board has shared many of these areas, and we would like to build on that by highlighting additional key areas that members should be aware of:

• Successor Bargaining Unit
  One of the critical decisions to be made is which bargaining unit will survive post-merger. CUPE National has the sole authority to determine the surviving bargaining unit, and it’s crucial for our membership to understand that this decision is entirely within their purview. While it may or may not be CUPE Local 4070, we have been clear in our position that Local 4070 should represent all flight attendants employed within the WestJet Group of Companies.

• Collective Agreements
  Another prominent issue is which collective agreement will apply after the merger. Both Local 4070 and Local 4055 have existing agreements—the Local 4070 agreement expires in December 2025, while Local 4055’s agreement expires in May 2026. The jurisdiction of the Board will be central in determining how these agreements are reconciled.  Once we receive further information on the process for this reconciliation we will share more information.

• Encore and FLOW
  The Sunwing acquisition has created concerns about overstaffing within WestJet, given the current cabin crew-to-aircraft ratio at WG. Local 4070’s position remains firm: the FLOW rights of Encore employees must be respected. It is essential that protections are in place to ensure career progression from Encore to mainline WestJet is preserved and that Encore employees are not left without opportunities for advancement.  While the decision on Sep 6 has closed one door on the Encore matter, the Local will continue to advocate for our Encore members.

• Additional Integration Issues
  We remain hopeful that CUPE National will fulfill its role as an unbiased and neutral participant as the matter between the two Locals progresses toward completion. While we have seen challenges to this neutrality in the past, we trust that moving forward, CUPE National will support a fair process for all parties involved.

There are still several outstanding issues related to Merger and we will continue to address and communicate these as they arise. We remain committed to keeping our members informed and advocating for the best outcomes for everyone.

Please see below for a list of relevant communications and documentation to-date:

• 02/13/2024 - Merger Update #1

• 05/01/2024 - Sunwing Integration Update

• 05/24/2024 - CUPEs' Update on WestJet-Sunwing Merger

• 08/09/2024 - Update on Merger Discussions/Summoning

• 08/14/2024 - Merger Update #2

• 08/23/2024 - Merger Update #3

CIRB Learning Series:

• 03/11/2024 - #001 CIRB FAQs

• 03/18/2024 - #002 CIRB Process

• 03/25/2024 - #003 Decisions made by CIRB 

• 08/10/2024 - #004 Case Management

Legal Documents:

• Filed Sale Application

In solidarity,

Your CUPE 4070 Executive Team
CUPE 4070 President - Alia Hussain
CUPE 4070 Vice-President - Tyson Conrod
CUPE 4070 Secretary-Treasurer - Alex Grigoriev
CUPE 4070 Recording Secretary - Calvin Gautschi

WestJet YVR/ YEG Base VP - Chris Brewer
WestJet YYC Base VP - Lisa Blayney - Interim
WestJet YWG Base VP - Tyson Conrod
WestJet YYZ Base VP - Bryan Hansraj
WestJet Encore YYC Base VP - Heather Crippen

CN Rail Lockout, Government Intervention and CIRB Decision: Why This Matters to You

Dear Members,

On August 22, 2024 Canadian National Railway (CN Rail) initiated a lockout against its workers, represented by Teamsters Canada. This action followed stalled negotiations over wages, working conditions, and job security.  

On Augst 23, 2024 - only 17 hours after this began, the Government intervened ordering binding arbitration to end the labour dispute that threatened severe disruptions to both the US and Canadian economies. Here is why this matters:

• Undermines Workers' Rights: The lockout reduces the workers' leverage and ability to strike, which is a critical tool in bargaining. 

• Shifts Power Balance: CN Rail’s preemptive lockout pressures workers to accept less favourable terms. 

• Financial Hardship: The lockout forces workers to lose income, pushing them towards premature settlements. 

• Broader Implications: This action challenges fair labour practices and underscores the need to protect our rights. 

CIRB Decision and Government Intervention 

On August 24, 2024, the CIRB allowed the federal government to impose binding arbitration and end the CN Rail lockout. This intervention was made under the Canada Labour Code, reflecting the government’s prioritization of national interests over ongoing work stoppages. 

Paul Boucher, President of Teamsters Canada Rail Conference, criticized the decision, stating: “This decision by the CIRB sets a dangerous precedent. It signals to Corporate Canada that large companies need only stop their operations for a few hours, inflict short-term economic pain, and the federal government will step in to break a union.” 

CUPE National President Mark Hancock wrote a letter to the Minister of Labour, Steve MacKinnon expressing his concerns with the government’s intervention in this legal process. You can read the full letter by clicking this link. 

Why This Matters to Us 

• Limiting Strike Rights: Government intervention limits the union's primary bargaining tool—the right to strike. While it resolves immediate disruptions, it sets a concerning precedent for future disputes.

• Binding Arbitration: With the unresolved issues now in binding arbitration, a neutral third party will decide the terms of the new contract, removing further negotiations from the workers and the union.

• Impact on Our Union: These events highlight the challenges we face in protecting our rights and the potential for our bargaining power to be compromised.

Looking Ahead 

As a group, it is crucial that we stay informed and understand these developments. The CN Rail situation and the government’s intervention are clear reminders of the need for vigilance in protecting our bargaining rights. 

In aviation news, ALPA - representing Air Canada Pilots are able to strike as early as September 18th. We will monitor these events closely. 

Thank you for your attention to these critical issues. Our unity and awareness are our collective strength. 

In solidarity,

Your CUPE 4070 Executive Team

CUPE 4070 President - Alia Hussain
CUPE 4070 Vice-President - Bryan Hansraj - Interim
CUPE 4070 Secretary-Treasurer - Alex Grigoriev
CUPE 4070 Recording Secretary - Calvin Gautschi

WestJet YVR/ YEG Base VP - Chris Brewer
WestJet YYC Base VP - Lisa Blayney - Interim
WestJet YWG Base VP - Bryan Hansraj - Interim
WestJet YYZ Base VP - Chris Amaddeo - Interim
WestJet Encore YYC Base VP - Heather Crippen

2025 Vacation Bidding

Dear Members,
 
  This communication was put together by your CUPE 4070 Scheduling Review Committee as a tool to further assist in the understanding of the Vacation Bidding Process as outlined in The Collective Agreement as well as the Vacation Software.
 
  Vacation Bidding language can be found in your collective agreement, Article 46.
               Specifically

• 46-4 Vacation Bidding

• 46-5 Vacation Awards

 
46-1.02 A Cabin Personnel’s annual vacation allotment is as follows: a) During the first three (3) years of employment Cabin Personnel earn two (2) weeks per year. b) At the commencement of the fourth (4th) year of employment until the end of the sixth (6th) year of employment Cabin Personnel earn three (3) weeks per year. c) At the commencement of the seventh (7th) year of employment Cabin Personnel earn four (4) weeks per year.
 
46-4.01 There will be two (2) rounds of vacation bidding.
 
46-5.02 The first round of vacation awards will consist of two waves. In the first wave, the most senior Cabin Personnel will be awarded only up to three (3) vacation weeks of their allotment provided they have entered sufficient preferences during the bid process. The next senior Cabin Personnel will then be awarded up to three (3) vacation weeks in the same manner, until the least senior Cabin Personnel has gone through the process.
 

• The most common misunderstanding that we have seen in past years is the difference between ROUNDS and WAVES.

  • There are only TWO (2) Rounds of Vacation Bidding.  Each Round contains TWO (2) Waves within that round.

  • Rounds: The Two primary bidding periods.

  • Waves: Contained within each Round, vacation blocks are awarded in two (2) separate Waves within each Round.

  The following will explain Waves within the Rounds further to help with understanding the process and hopefully help further when placing your Vacation Bid Requests and overall satisfaction.
 
  For illustrative purposes, we’ll use CCM in the examples to avoid confusion.  The same process applies to CMs Vacation Bidding, who bid for separate vacation blocks. 

1. Round One (1), Wave One (1):

   1. In Round one (1), Wave one (1) each CCM will receive a maximum of three (3) vacation blocks before the system will move onto the next CCM.

   2. The system will begin with the most senior CCM and work down the seniority list, awarding what is available in relation to what a CCM has requested until the system has gone through all of the CCMs on the seniority list.

      1. If you do not give the system enough request to choose from, and all the vacation blocks you have requested are not available when it gets to your seniority, the system will award you nothing and move to the next CCM.

      2. This is why it is important to put in as many requests as possible so that you are not missed in either of the Waves within the Vacation Bidding Rounds.

2. Round One (1), Wave Two (2):

   1. This Wave begins once the system has gone through the complete Seniority List and Awards a maximum of three (3) blocks of vacation to each CCM where possible.

      1. Remember if you do not provide the system with enough vacation bid options, it will award what it can, if anything and continue to the next CCM.

   2. In Wave two (2), the system starts at the most senior CCM and awards the remaining vacation block each individual CCM is eligible to hold.

      1. Remembering if you do not provide the system with enough vacation bid options, it will award what it can, if anything and continue to the next CCM.

  If you do not provide the system enough options to award you vacation in either of these WAVES, it will move onto the next CCM.  You are not limited to the number of vacation bid options that you can place in each Round of vacation bidding.
  Place your Requests in order of what is most important to you.  Please keep in mind that if you put 4 weeks of vacation for December as your most important bids and the system can award those in both WAVES, you will end up receiving 4 weeks of vacation all in December.
For Example:

• CCM #1 places bid #1-#4 for December.  The system will award bid #1-#3 in the first wave.  Then it will start the second wave, if their #4 bid for December is still available, it will award that and move to the following bid requests.

  We can not stress enough to pay attention to the WAVES within the Rounds.  This is where we see the most mistakes made when bidding for your vacation.  Know your seniority level as well and be realistic with your bids in the order in which you want them if the system is able to award those Vacation Blocks. 
               For Example:

• If you are senior and you do not want half of your vacation weeks in December, do not put all of December requests in sequential order

---

  We have provided some examples below.  These examples are if all three (3) CCMs were to have seven (7) weeks of vacation in a year for the purpose of showing how the system awards. These do not reflect actual vacation blocks, nor do they reflect what anyone at that seniority level could be awarded.  These are provided to show how the waves work and nothing further.  We did not take this information from any past vacation bidding or awards, they are generic and example vacation blocks and awards.

Vacation Bidding Round One (1), Wave One (1) **Generic	Vacation Bidding Round One (1), Wave Two (2) **Generic
CCM Seniority #1 BIDS: December 25-29 (50 Blocks Available) GRANTED Wave One (1) December 20-24 (50 Blocks Available) GRANTED Wave One (1) August 1-5 (50 Blocks Available) GRANTED Wave One (1)   July 1-5 (50 Blocks Available) September 1-5 (50 Blocks Available) October 1-5 (50 Blocks Available)	CCM Seniority #1 BIDS: December 25-29 (0 Blocks Available) Granted Wave One (1) December 20-24 (0 Blocks Available) Granted Wave One (1) August 1-5 (0 Blocks Available) Granted Wave One (1) July 1-5 (0 Blocks Available) DENIED No available blocks September 1-5 (2 Blocks Available) GRANTED Wave Two (2) October 1-5 (2 Blocks Available) GRANTED Wave Two (2)   **CCM would have 2 blocks they would have to bid for in Vacation Bidding Round Two (2) as they did not provide the system with enough options to grant all Vacation Allotment in Round One (1).
CCM Seniority #1000 BIDS: December 25-29 (0 Blocks Available) DENIED No available blocks October 1-5 (20 Blocks Available) GRANTED Wave One (1) April 1-5 (30 Blocks available) GRANTED Wave One (1) December 1-5 (2 Blocks Available) GRANTED Wave One (1) July 1-5 (20 Blocks Available) August 1-5 (10 Blocks Available)	CCM Seniority #1000 BIDS: December 25-29 (0 Blocks Available) DENIED in Wave One (1) – no available blocks October 1-5 (20 Blocks Available) Granted Wave One (1) April 1-5 (30 Blocks available) Granted Wave One (1) December 1-5 (2 Blocks Available) Granted Wave One (1) July 1-5 (0 Blocks Available) DENIED No available blocks August 1-5 (0 Blocks Available) DENIED No available blocks   **CCM would have 2 blocks they would have to bid for in Vacation Bidding Round Two (2) as they did not provide the system with enough options to grant all Vacation Allotment in Round One (1).
CCM Lowest Seniority BIDS: July 1-5 (Last Available Block) GRANTED Wave One (1) December 25-29 (0 Blocks Available) DENIED No available blocks September 1-5 (3 Blocks Available) GRANTED Wave One (1) April 1-5 (15 Blocks Available) GRANTED Wave One (1)   August 1-5 (0 Blocks Available) February 10-14 (40 Blocks Available) January 30-February 3 (40 Blocks Available)	CCM Lowest Seniority BIDS: July 1-5 (0 Available Block) Granted Wave One (1) December 25-29 (0 Blocks Available) DENIED in Wave One (1) – No available blocks September 1-5 (0 Blocks Available) Granted Wave One (1) April 1-5 (0 Blocks Available) Granted Wave One (1) August 1-5 (0 Blocks Available) DENIED No available blocks February 10-14 (40 Blocks Available) GRANTED Wave Two (2) January 30-February 3 (40 Blocks Available) GRANTED Wave Two (2)   **CCM would have 2 blocks they would have to bid for in Vacation Bidding Round Two (2) as they did not provide the system with enough options to grant all Vacation Allotment in Round One (1).

---

  The chart above shows that a CCM with a lower seniority than you may be awarded a Vacation block in the First Wave that you requested.  The system awards a maximum of 3 weeks at a time.  By the time that the system arrives at your seniority in the Second Wave, the blocks you requested may no longer be available.

  We see this often in disputes that CCMs with lower seniority were awarded a vacation block that a senior requested.  If it was awarded to the Junior CCM in the First Wave, it was likely not available for the senior CCM during the Second Wave, due to possibly being awarded to a junior CCM in the First Wave.  Please keep in mind the system does look at your vacation bidding options in sequential order when placing your bids.
 
  Please remember, in each WAVE, the system will only award up to a maximum of Three (3) weeks of Vacation Block, if possible.  If you do not put enough Bid Requests in for the system to do this, it will award what it can to you and move on to the next CCM.
 
  Round Two (2) of Vacation Bidding will follow this same model with Two (2) Waves awarding a maximum of Three (3) Vacation Blocks at a time.
 
  Things to remember:

• The system awards a maximum of three (3) Vacation Blocks per Wave.

• The system processes each Wave in seniority order.

• Be sure to have sufficient bids placed that if the system does not have available blocks when it gets to you, it has options so that you do not end up with nothing.

For further information on 2025 Vacation Bidding please refer to the Vacation Bidding package located on SharePoint HERE.

Your WS Scheduling Review Committee
WS.SRC@CUPE4070.ca

National Recovery Month - September

Dear Members, 

September is National Recovery Month, a time dedicated to increasing awareness and understanding of mental health and addiction recovery. As flight attendants, we face unique challenges that can impact our mental well-being. Long hours, irregular schedules, and the constant pressure to provide exceptional service can take a toll. It's essential to prioritize self-care and recognize the importance of seeking support when needed. 

Understanding Recovery 

Recovery is a journey, not a destination. It's about regaining control of your life, building resilience, and finding hope. Whether you're personally struggling or supporting a loved one, it's important to understand that recovery is possible. 

Your Well-Being Matters 

WestJet is committed to supporting the well-being of its employees. If you're facing challenges related to mental health or substance use, remember you're not alone. 

Employee and Family Assistance Program

WestJet's Employee and Family Assistance Program (EFAP) offers confidential counseling and resources to help you and your family navigate difficult times. Their partnership with Inkblot provides five free hours of access to mental health professionals. Learn more at the button below.

Alcohol and Drug Program

WestJet's Alcohol and Drug Program offers confidential support and resources for employees facing substance abuse challenges. This program includes assessment, treatment planning, and aftercare support. WestJet is committed to helping employees on their path to recovery. If you are struggling with substances and would like to understand the resources available, please don’t hesitate to reach out for a confidential conversation with WestJet’s Alcohol and Drug Program Manager Mike Middlebrook at mike.middlebrook@westjet.com or (403) 585-4267. Learn more at the button below.

Self-Care Tips 

• Prioritize sleep: Aim for consistent sleep patterns to support overall well-being. 

• Manage stress: Incorporate relaxation techniques like meditation or deep breathing into your routine. 

• Build connections: Spend quality time with loved ones and nurture your support system. 

• Set boundaries: Learn to say no and prioritize your needs. 

• Seek professional help: Don't hesitate to reach out to a mental health professional if you're struggling. 

Breaking the Stigma 

Let's work together to break the stigma surrounding mental health and addiction. By fostering a culture of open communication and support, we can create a healthier and happier workplace for everyone.
 

Personal Story

[this true story of a colleague's personal journey can hit close to home for some, please read at your discretion] 

“My Journey to Recovery: From Turbulence to Triumph

As a flight attendant, my life revolved around high altitudes, fast-paced schedules, fancy layovers, and the constant demand to be alert and professional. But beneath the surface, I was struggling with something far more challenging than jet lag—alcoholism. In our industry, drinking is a huge part of the culture. After long flights and time away from home, it’s common to unwind with a few drinks. However, for me, what started as a way to relax and have fun spiraled into a dependency that began to consume my life.

The effects were undeniable. I missed countless days of work, unable to drag myself out of bed after another night of heavy drinking. On days I did show up, I was far from my best—my performance suffered, and I put myself and others in uncomfortable situations. The job I once loved became a source of dread, and I found myself increasingly isolated, both from my colleagues and the life I once enjoyed.

Flight attendants face significant challenges with alcohol and substance abuse. Studies show that around 10-15% of flight attendants struggle with alcoholism, a statistic that reflects the high-stress environment and cultural pressures within the industry. It was difficult to admit I had a problem when so many around me were doing the same thing. The stigma surrounding alcoholism made it even harder to seek help.

My attendance issues didn’t go unnoticed. My DPM grew increasingly frustrated with my unreliability. When I was finally confronted about my behavior, I feared it might be the end of my career. But instead of closing the door on me, WestJet offered support. They provided access to an excellent recovery program designed to set us up for success—but only if we were willing to put in the work.

I chose to take that support. Treatment became my refuge, a place where I could confront my addiction and begin the long road to recovery, with the full backing of work, family, friends and my 12-step group!

Today, I’m proud to say I’m sober. But the journey doesn’t end here—it’s an ongoing process, one that requires daily commitment and the support of a strong community. National Recovery Month holds special significance for me now. Observed every September, National Recovery Month is a time to celebrate the gains made by those in recovery, recognize the efforts of treatment providers, and increase awareness about the need for continued support and resources for those struggling with substance use disorders. It’s an opportunity to reflect on how far I’ve come and to reach out to others who may be struggling.

Recovery is possible, especially when you have a strong support system behind you. WestJet played a crucial role in my recovery, and I’m grateful every day for the second chance they’ve given me. While the stigma around alcoholism is still very real, today, getting sober and seeking recovery is celebrated more than ever. I was asked to share my story, and I do so with the hope that it might help someone else. If you’re struggling, know that you’re not alone. There’s help out there, and you deserve the chance to reclaim your life, just as I did. Recovery isn’t just about staying sober—it’s about finding a path to a healthier, more fulfilling life. And that’s something worth celebrating, this month and every day. ”

— Bryce N

Resources and Support 

If you are in need of support, consider reaching out to external resources below or local mental health organizations. 

• Inkblot Employee and Family Assistance Program (EFAP) 

  • Crisis 24/7 support line 1-855-933-0103 

• Government of Canada 

  • Crisis Services Canada 1-833-456-4566 

• Canadian Centre on Substance Use and Addiction (CCSA)  

• Al-Anon Family Groups 

• Families for Addiction Recovery 

• Crisis Hotlines — CUPE 4070

• Flight Attendant Drug and Alcohol Program (FADAP) 

Remember: You are not alone. Help is available, and recovery is possible. If you or someone you know is struggling, please reach out for help. 

CUPE Local 4070

CUPE 4070 Newsletter - September 2024

September's Content: 

VP Personal Update
Scheduling Review Committee Update
Deadheading and Seating
Office Closure Update
Show your Kindness
WR USA Perdiem
737 Europe Check-In Times
Sick Means Sick
Calgary IT Bar
Long Layover Hotel Location
Rainmaker Reminder
WestJet Crew Socials
Unpaid Work Won't Fly Tags
Rainmaker Sick Day Discrepancy
Friends and Family Traveling on your Passes
Save the Dates
Communications Committee Corner
Galley Gossip

VP Personal Update:

Dear 4070 Members, 

By the time of this newsletter, I should be transitioning back into my elected role as Vice-President.

As some of you may be aware, in early Spring I started to experience vision loss.  By the beginning of summer I was legally blind and needed to take medical leave.  Luckily, I was able to receive surgery on both of my eyes to reverse the vision loss.

Although my surgeon is unsure of the exact cause of my diagnosis, I have to impress upon you the importance of eye health.  My situation was scary and extremely restrictive and I was very lucky that there was a solution.  Please use eye protection whenever necessary (including sunglasses!)  Please report any eye injuries or hazards while on duty! Please see an eye-care professional at least once a year, or any time you notice changes to your vision!

Thank you to Bryan for stepping into the role while I was on leave, and to Chris Amaddeo for filling the YYZ Base VP role. And thank you to those who sent well-wishes and kind messages.  

In solidarity, 

Tyson Conrod

Deadheading and Seating:

When deadheading, you cannot be forced to take the jumpseat as you have the right to a passenger seat. Please be considerate of commuters who may rely on available jumpseats to get to or from work on sold out flights.

Office Closure Update:

Please be advised that the CUPE 4070 offices in YVR and YYZ are in the process of being closed. The YYC office will remain operational. This change will not impact any member services. We will provide further updates as needed.

Show Your Kindness:

In each crew room, there is a spot to put un-used hotel amenities.  These are then given to places such as shelters so they can use them.  If during your hotel stay, you have unused amenities, such as shampoo, soaps, toothbrushes, combs etc., please bring them to a crew room.  This is a great way to show kindness to those who may be in need.

WR USA Per Diem:

We have submitted a request to the company for per diem payments on routes that cross the border into the United States to be increased. Unfortunately, this request has been denied and will need to be addressed during future negotiations.

737 Europe Check-In Times:

The company has approached the union with concerns regarding crew showing up late to the gate when operating 737 flights from Europe to Canada. Although groomers and catering take longer to clean and prepare the aircraft in these destinations, we must adhere to the 60 minutes prior to departure check in time. The CSAs in Europe will note the time in the Turn Tool the full crew has arrived at the gate. The company has advised that if late gate arrivals continue to occur, they will be forced to push the hotel departure time to earlier, which will lead to shorter layovers.

Sick Means Sick:

As the summer continues, it's important to remain vigilant about your health. Given our frequent interaction with the public, practicing good hygiene is essential. Wash your hands regularly and use hand sanitizer when available. 

If you're feeling unwell, please prioritize your health and book off sick. Your colleagues will appreciate your decision, and it will help prevent the spread of illness within our team.

Calgary IT Bar:

Need assistance with your CCD or have other IT concerns? The IT bar in YYC has been moved from the B gates to the Crew Room due to the damage in the terminal. Their hours are 0600-1800, 7 days a week. The team is currently in the process of moving back to their location in A gates by the food court and the company will send an update when this change has been made.

Long Layover Hotel Location:

If you have a layover that was scheduled to exceed 18 hours and were not placed downtown, please contact your Base VP. As per WS/WR CA 37-6, any layovers exceeding 18 hours that are within a normal 30 minute drive of the airport must be at the downtown hotel. Note – this requirement does not apply in IROP situations that extend your layover over the 18 hour mark, and may not always be possible for reserve callouts, but you’re welcome to check with CS if a downtown hotel was not provided and they can assist. 

Rainmaker Reminder:

It’s always a good idea to double-check Rainmaker to ensure that your hours are paid correctly every month. If you aren’t sure how Rainmaker works, please visit the information page on Westnet, or contact your DPM.

WestJet Crew Socials:

WestJet is inviting cabin crew members (WS and WR) to join for a fun-filled evening of networking (and prizes)! Enjoy appetizers, drinks, and the company of colleagues, leadership, CUPE representatives and support teams.

The September socials will take place: 

• YYZ on Tuesday, September 10th 
  6:30 – 9:30 p.m. at CRAFT Beer Market (1 Adelaide St E, Toronto ON) 
  You must register here to attend before September 3.    

• YVR on Wednesday, September 18th 
  6:30 – 9:30 p.m. at BREWHALL (97 2nd Ave E, Vancouver BC) 
  You must register here to attend before September 11. 

YYC, YWG and YEG socials will be held in October. Stay tuned for more information! 

We look forward to seeing you there!

Unpaid Work Won’t Fly Tags:

The initial supply provided by the CUPE Airlines Division has been depleted. While your union doesn't currently have tags available for purchase, we encourage you to visit Swag - Unpaid Work Won't Fly to purchase.

Due to budgetary constraints, offering luggage tags directly through our union is not currently feasible. Tags are typically ordered in bulk quantities of 5,000, with a cost of approximately $4 per tag. A significant investment would be required to maintain stock, and such an expenditure requires member approval. 

Are you interested in seeing "Unpaid Work Won't Fly" tags available again? We encourage your participation in the upcoming General Membership Meeting on November 13th. This is a great opportunity to voice your support for this initiative.

We appreciate your understanding and continued commitment to combating unpaid work.

Rainmaker Sick Day Discrepancy:

A recent system update in Rainmaker on July 8th caused an unintended disruption to our sick bank. The Company has identified that the system is now incorrectly deducting sick days for layovers. Please note that this issue does not affect your pay. The Company is conducting a thorough audit of all sick days to ensure that any errors are corrected. 

After the August 15th payroll was processed, the Crew Pay team reviewed each crew member's sick bank to verify that no days were deducted in error. Remember, sick days are only deducted for each duty period that you call in sick. The Company is actively working with Rainmaker to resolve this issue and will provide updates on the timeline for a solution. If you continue to see discrepancies after the amounts are manually audited each month, please reach out to Crew Pay. 

Friends and Family Traveling on your Passes:

When sharing your WestJet travel privileges with friends and family, please remind them of the importance of adhering to our conduct and dress code expectations. Remember, these privileges are a benefit, and inappropriate behavior can result in the loss of access for the WestJetter who shared them.

Scheduling Review Committee Update:

  In an effort to share the inner working of the scheduling review committee we thought we would share some insight to the committee.  

  For September schedules, we received 72 Day off Disputes and 37 Pairing Disputes. Our Scheduling Review Committee aims to investigate and respond to these disputes before the end of July. Investigating each individual dispute can be time-consuming, as it depends on the complexity of the issue and the need to analyze the entire schedule.  

  To avoid filing a dispute and receiving a schedule that does not work for you, we encourage you to reach out to us for bidding advice before the bidding period closes. We are always available to assist you proactively and help you avoid any scheduling issues.  

  The Scheduling Review Committee is responsible for investigating disputes monthly and handling other schedule-related matters such as Reserve call outs, pairing extensions, RTD assignments, and call outs. If you have any questions or investigations, you would like us to undertake, please don't hesitate to reach out to us.  

REMINDER 2025 Vacation Bidding is here!

 2025 Vacation Bidding begins September 1st, 2024.  Language for Vacation can be found in the Collective Agreement, Article 46.  Click HERE to review.  

  To improve clarity on Vacation Bidding, the SRC will be issuing it's own communication.
 
  Please remember to use this alongside the information available from the company, which you can find in your company email and on SharePoint.
 
WestJet Mainline 
  Schedule Dispute Period follows the language of the Collective Agreement,  
  WS - 34-2.02 In the event that a Cabin Personnel wants to address concerns with their issued monthly schedule, they will notify the Union representative on the Scheduling Review Committee within Seventy-two (72) hours of schedule release to review and respond. 
**The form to file a Dispute can be found on SharePoint and will only be active for Seventy-two (72).  You can also find the form HERE. 

 You do not need to fil out more than ONE dispute form for Pairing Disputes.  Please DO NOT email the SRC with disputes.  We cannot accept disputes through email, filling out the form is the only process. 

  Reminder that a dispute is not a grievance, and the investigation must be completed through the form as Step 1. 

  We have been working hard to implement new processes within the committee to improve efficiency and consistency for our members' benefit. We will be releasing a monthly communication with updates and important information. If you have any scheduling questions or specific inquiries, please send us an email HERE. 

WestJet Encore 
  Schedule Dispute Period follows the language of the Collective Agreement. 
  WR - 34-2.03 In the event that a Cabin Crew Member wants to address concerns with their issued monthly schedule, they will notify a Union representative on the Scheduling Review Committee within seventy-two (72) hours of schedule release to review and respond. 
  To begin the dispute please send an email to your DPM and WR YYC Base VP within 72 hours of schedule release.  
  Please note that Reserve is not given on a seniority bases and you must use a bid line to "avoid" reserve.  
  Please contact the WR YYC Base VP with any questions proactively for the best opportunity of receiving a preferred schedule.   

Save the Dates:

All events can be found "Events" on CUPE4070 website 

  General Membership Meeting (GMM)  

• Nov 13th, 2024 - 1100PT/1200MT/1400ET 

• Sign up at this link

• Open to Members in Good Standing and/or to those who have completed the application process.

  Elections

• Elections will be held in November.  More information will be available closer to the date.

Communications Committee Corner:

The Communications Committee will now be recognizing some days through our newsletter instead of through social media. We will be using our social media platforms to share more timely and educational information. Please take a moment to follow our social media platforms here:

• Instagram

• Facebook Page

• Facebook Group

Recognition Days

• September 10, 2025: World Suicide Prevention Day

  • Together, we can make a difference. Let's promote awareness, reduce stigma, and support those in need. Remember, you're not alone. #WorldSuicidePreventionDay

• September 18, 2025: International Equal Pay Day

  • It's time for change. Let's break down the barriers that perpetuate the wage gap and ensure everyone is paid fairly. #EqualPayDay

Share your story:
 
If you would like to share a short story/pictures for an upcoming recognition day; please email the Communications Team. We will do our best to include as many submissions as possible, we apologize if we do not have enough room on the Newsletter to share all of them.

Upcoming Days/Months:

• October 10 World Mental Health Day

• November 11 Remembrance Day

• November 24 - 30 National Addiction and Awareness Week

Galley Gossip:

Previous months submissions: Galley Gossip Wall

CUPE 4070 can answer Union related inquiries only. For Company related inquiries, please reach out to your Leader or submit a Company E-Report.

Have a Galley Gossip question? Please submit here.

Q: Always hearing that integrated Swoopsters seniority is directly tied to Sunwings seniority decision. Is this true? When can we expect a decision for Swoopsters?

A: The integration of Swoop seniority is a complex process that's currently underway. While Swoop seniority may or may not be directly tied to the Sunwing seniority decision, both matters are being considered as part of the overall merging process.

We are actively working on resolving the Swoop integration seniority matter. We understand the importance of this issue and are committed to providing updates as soon as possible. Please stay tuned for further information from the union.

Q: Rumour has it that Swoop integration seniority has already been decided in their favour, giving them original DOH. However, the announcement/implementation of this decision is being withheld to give CUPE 4070 an edge at the bargaining table with CUPE 4055. Any truth to this?

A: As of now, no decisions have been made regarding Swoop integration seniority. We are still in the midst of this process.

Please refer to the merger emails, which will be released periodically as information becomes available. We encourage you to stay updated on the situation through these official communications.

Q: How can the company initiate absenteeism discipline proceedings for CCMs having less than 40 hours in a month if they voluntarily drop shifts on Flica? Our agreement does not have a set number listed, only that CCMs will not drop “excessive hours.” I explicitly remember during the agreement road show videos, when explaining this clause Chris and Jamie said that without a concrete number the company cannot enforce this as it is up for debate what constitutes “excessive.” Do we have protection by the union if we are to drop below 40 hours? How can the company suddenly come up with the random number of 40 hours and this be acceptable when Cupe4070 was not consulted?

A: Currently, the WestJet Inflight Attendance Management Program under ""Excessive Absenteeism"" states that dropping below 40 hours is considered excessive absence. You can review this on your CCD WS Cabin Crew - Manuals > Other Company Manuals and Policies.

The union's position is that this is a violation of the bargained language in the CA 34-20.01 which states: "A Cabin Personnel shall not be permitted to use Shift Trades to be absent from work for an excessive period(s) of time." but does not specifically state 40 hours. The union has already filed a policy grievance in this respect. Once an outcome has been determined - whether it be at its current step, or at arbitration, it will be communicated to the membership.

Although we suggest remaining above 40 hours (for full-time CCM) as dropping below 40 on a 6-month average basis may impact your access to health benefits, please feel free to drop as needed if you have a specific reason to. Your DPM was providing you with a warning as per the program, but if you explain to your DPM the reason as to why you need to drop, they may be willing to work with you on that - especially if it is for temporary purposes like a move.

In solidarity,

Your Local 4070 Executives:

President, Alia Hussain
Interim Vice President, Bryan Hansraj
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 Interim YYC Base VP, Lisa Blayney
WestJet Interim YWG Base VP, Bryan Hansraj
WestJet Interim YYZ Base VP, Chris Amaddeo

Pay Equity Committee - Update

Dear Members, 


This email is to provide you with an update on recent developments regarding the Pay Equity Committee. Back in June, we were fully prepared to begin our work on Pay Equity-click here to review the communication. However, the Company required that all groups participating sign a Non-Disclosure Agreement (NDA) before proceeding. 


Upon reviewing both the NDA and the Pay Equity Act, the Unionized groups—representing eight employee groups within the WestJet group—unanimously decided not to sign the agreement. There were two key issues: first, the NDA was not required under the Pay Equity Act, and second, the terms of the NDA were considered excessive. 


In response, we proposed adjustments to the NDA to ensure it aligned with the Act. Unfortunately, the Company chose to ignore our proposal and continued to insist that we sign the original NDA. 


As a result, we filed a complaint with the Pay Equity Commissioner's office. We have since been informed by the Commissioner's office that the committee, currently consisting only of non-unionized/employee representation groups, must cease their work until further notice. This will be communicated by the company later today. 

We have a meeting scheduled with the Commissionaire for early September to work towards a resolution, and we will keep you updated as the situation progresses. 


If you would like to learn more about the importance of Pay Equity, please see linked resources below: 

FAQ Local 4070 Pay Equity  

Government of Canada/Human Rights Commission : What is Pay Equity 

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

Cart Reconfiguration

Dear Members,

  As you are aware, a new cart setup has been implemented to enhance our efficiency and workspace organization, we are reaching out to gather your feedback. Your input is crucial to address concerns swiftly and effectively.

  If you encounter any safety issues or have concerns or feedback about the new cart setup complete an e-report via the proper e-report category. Take clear photographs of the safety concern and make detailed notes describing the issue. Include information such as the nature of the hazard, action taken to mitigate and any other relevant details.
  Please ensure you send a copy of your IHR to the Occupational Health and Safety committee at safety@cupe4070.ca, not doing so reduces the ability for the union to advocate on your behalf.

  We have also included a link to the information on the new cart configuration found on SharePoint HERE.

  Remember, safety is our collective responsibility. Please report any issues promptly so we can address them quickly and ensure that everyone continues to work in a safe and efficient environment.

Your CUPE 4070 Health and Safety Committee
ws.ohs@cupe4070.ca

Drafting YYZ - August 24, 2024

Dear Members, 

As previously communicated to YYZ members, we are sharing the below information on drafting. Note that the Company has not advised the union of drafting in any base except for YYZ at this time, however CCMs in other bases should make themselves familiar with this process should it be rolled out to other bases.

The union has been informed that due to a cabin crew shortage, Crew Scheduling at YYZ will begin drafting today. This decision comes after exhausting reserve, RTD pools, and posting open time according to the Collective Agreement (CA) and is made to preserve the operations and prevent cancellations. 

• If Crew Scheduling calls you and you pick up the phone, you are obligated to work the pairing unless you are not fit to fly or the pairing conflicts with a guaranteed day off (GDO) on your vacation block. 

• If you are currently on reserve or RTD and haven't received a call, please contact Crew Scheduling first before notifying your DPM and Base VP. 

We recommend reviewing Article 34-27 of the CA regarding Drafting procedures. For any questions or concerns, please don't hesitate to contact your YYZ Base VP ws.yyz@cupe4070.ca. 

In solidarity, 

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

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

Dear Members,

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

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

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

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

Resources to support Local 4070:  

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

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

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

CIRB Case Management Hearing Update: 

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

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

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

Thank you for your continued support and professionalism. 
 

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

Staying Safe in Excessive Cabin Temperatures

Dear Members,

This summer, keeping comfortable on the job is especially important! As the temperature fluctuates, so can the temperature inside our aircraft cabins. This newsletter from your OHS Committee outlines your rights, provides tips for staying safe in both hot and cold cabins, and highlights important regulations.

Safe Cabin Temperatures and Taking Action
According to Part 7 of the Aviation Occupational Safety and Health Regulations, cabin temperature should be maintained between 18°C (64°F) and 29°C (84°F) whenever passengers are on board. If the temperature falls outside this range, don't hesitate to take action. Notify the Captain immediately. They can then contact ground staff to address the issue. You can also request to delay or stop boarding if the cabin feels too hot or cold for safe working conditions.

Your Right to Refuse Unsafe Work and Staying Safe
As a Canadian worker, you have the right to refuse dangerous work, including excessive cabin temperatures that could pose a health risk. When working in hot environments, remember to drink plenty of water (about every 20 minutes) to stay hydrated. Consider removing your blazer if necessary to stay cool. Conversely, in cold temperatures, dress warmly in layers.

Additionally, we recommend submitting an Incident Hazard Report (IHR) anytime the temperature feels unsafe or unmanageable, regardless of hot or cold. This helps document the issue and ensures proper follow-up.

Additional Information
It's important to be aware that during hot weather, cabin temperature can increase at a rate of approximately 0.5°C (1°F) per minute with a full passenger load. When the outdoor temperature is above 14°C (57°F), cabin ventilation or cooling is required to keep the cabin at a reasonable temperature.

Know Your Rights
We encourage you to learn more about your right to refuse unsafe work. Here are some helpful resources:

• Refusing Unsafe Work - CUPE: https://cupe.ca/refusing-unsafe-work-its-your-right

• Canada Labour Code Part II - Right to Refuse: https://www.canada.ca/en/employment-social-development/services/health-safety/reports/right-refuse.html

Stay Safe This Summer!
By working together, understanding our rights, and following safety regulations, we can ensure a safe and healthy work environment for everyone, regardless of the season.

Thank you,

Your CUPE 4070 Health and Safety Committee
ws.ohs@cupe4070.ca
wr.ohs@cupe4070.ca

Right to Refuse Dangerous Work

The Local's Occupational Health and Safety committee would like to remind all CCMs of their workers' rights and share some knowledge about the process and steps that take place once the right to refuse dangerous work is invoked.

  There are three basic health and safety rights achieved by the labour movement,

• Right to refuse unsafe work

• Right to know about the hazards in your workplace

• Right to participate in workplace health and safety decisions.

  Any employee subject to Part II of the Code has the right to refuse dangerous work as long as they have reasonable cause to believe that it presents a danger.

  The Canada Labour Code (CLC) defines danger as, "Any hazard, condition or activity that could reasonably be expected to be an imminent or serious threat to the life or health of a person exposed to it before the hazard or condition can be corrected or the activity altered."

  The CLC states that an employee may refuse in the following circumstances:

• To use or operate a machine that constitutes a danger to the employee or to another employee

• To work in a place

• To perform an activity that constitutes a danger to the employee or to another employee

  These circumstances could include but are not limited to: operating in areas of political unrest placing an individual in direct danger, extreme cabin temperatures causing a workplace to be unsafe, using equipment that is not properly maintained causing serious threat to life or health.

  A critical point we want to note is that verbiage must be explicit and clear when invoking these rights ("I am exercising my right to refuse dangerous work").

  The Code contains certain exceptions regarding the right to refuse dangerous work. These exceptions include: if the refusal puts the life, health or safety of another person directly in danger; or, if the danger in question is a normal condition of employment.

  We encourage all members to learn more about their rights, when and how they are applicable and how to use them.
  
  We’ve attached some educational links and are available if ever a concern or question arises. Also available to you on SharePoint and on your CCD (WS Cabin Crew - Safety > Occupational Health & Safety > Refusal of Dangerous Work) is the WestJet Refusal of Dangerous work handbook (https://westjet.sharepoint.com/sites/Safety/SitePages/OHS.aspx#refusal-of-dangerous-work) complete with the flow chart the company will follow in the event of a right to refuse dangerous work.

Fly Safe!

In Solidarity,
CUPE 4070 Occupational Health & Safety Committee
ws.ohs@cupe4070.ca
wr.ohs@cupe4070.ca
 

Resources
 

Right to refuse dangerous work - Canada.ca
Refusing unsafe work: It's your right | Canadian Union of Public Employees (cupe.ca)
 

Screenshot of the Flowchart from the WestJet Refusal of Dangerous Work Procedure

Seniority Update #2

Dear Members,

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

Background and Context:  

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

Request for Postponement: 

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

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

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

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

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

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

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

As a result, the Arbitrator determined that: 

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

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

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

Clarification on Arbitration:  

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

Next Steps:   

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

Important Dates: 

• Case Management with CIRB:  August 20th,2024 

• Joint Merger Committee Meeting: August 20th and 21, 2024 *tentative awaiting CUPE National and CUPE 4055 agreement to adjust dates. 

• Mediation with William Kaplan: Scheduled for September 10th-14th in Toronto, where your entire Executive Board will attend. 

• Arbitration with William Kaplan: If mediation does not yield a resolution, arbitration will follow. The Arbitrator's decision will be binding on all parties.  This will be scheduled no later than 30 days after the last mediation date. 

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

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

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

Answer:  

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

Question: What is Mediation? 

Answer:   

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

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

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

Question: What is Arbitration?   

Answer:  

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

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

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

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

Answer:  

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

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

Answer:  

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

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

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

Answer:  

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

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

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

Answer: 

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

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

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

CIRB Learning Series 004: Case Management

Understanding a Case Management Meeting at the CIRB: 

A Case Management Meeting is an important preliminary step in the CIRB's dispute resolution process. It serves as a structured, yet less formal, forum to establish the framework for the proceedings ahead. 

Purpose: 

The primary objectives are to clarify the core issues of the case, establish a comprehensive timeline, and determine the most effective approach for case progression. 

Participants: 

The meeting involves representatives from all parties concerned, along with a CIRB officer or panel member who facilitates the discussion. 

Key Aspects: 

1. The setting is less formal than a hearing, promoting open dialogue. 

2. Main case issues are discussed and defined. 

3. Potential areas of agreement are identified. 

4. Procedural matters are addressed to ensure smooth proceedings. 

Activities: 

• Establishing deadlines for document exchanges 

• Setting timelines for witness list submissions 

• Scheduling potential hearing dates 

• Exploring settlement possibilities, if applicable 

The Role of the CIRB in Case Management: 

• Facilitation: 

• The CIRB officer or panel member serves as a neutral facilitator, guiding the discussion to ensure all relevant topics are covered.  They create an environment conducive to open dialogue among all parties. 

•  Issue Identification: 

• The CIRB helps parties clearly articulate and narrow down the key issues in dispute. They ensure that all parties have a common understanding of the central matters to be addressed. 

• Procedural Direction: 

• The CIRB provides guidance on the procedural aspects of the case, explaining the steps involved in the process ahead. They may make on-the-spot decisions about procedural matters to keep the case moving forward. 

• Timeline Establishment: 

  The CIRB works with all parties to set realistic and appropriate timelines for various stages of the process.  This includes deadlines for document exchanges, witness list submissions, and potential hearing dates.  

• Clarification of Legal Requirements: 

• The CIRB officer can provide clarity on legal requirements and Board procedures, ensuring all parties understand their obligations. 

• Exploration of Resolution Options: 

• While maintaining neutrality, the CIRB may encourage parties to consider various dispute resolution methods, including mediation or settlement discussions. 

• Preparation Guidance: 

• The CIRB provides direction on how the parties should prepare for subsequent stages of the process, including what types of evidence or arguments may be relevant. 

• Impartiality Maintenance: 

• Throughout the meeting, the CIRB maintains strict impartiality, ensuring fair treatment of all parties. 

• Documentation: 

• The CIRB officer typically documents the outcomes of the Case Management Meeting, including any agreements reached or directions given.  We will share this as it becomes available. 

• Next Steps Outline: 

• Before concluding the meeting, the CIRB ensures all parties are clear on the next steps in the process and their respective responsibilities. 

Preparation: 

Parties are expected to arrive with: 

• A comprehensive understanding of their case 

• A clear list of procedural issues to be addressed 

  This Case Management Meeting is an essential component in efficiently managing the CIRB's caseload and facilitating an effective dispute resolution process. It sets the stage for a more focused and productive approach to addressing the issues at hand. 

Question and Answer on Case Management:
 

Q: What authority does the CIRB have during a Case Management Meeting? 

Answer: During a Case Management Meeting, the CIRB has the authority to: 

• Make procedural decisions 

• Set timelines for various stages of the process 

• Request additional information from parties 

• Determine the order of proceedings 

• Suggest alternative dispute resolution methods 

Q: Can the CIRB make final decisions on the merits of the case during a Case Management Meeting? 

Answer: No, the Case Management Meeting is not a hearing where evidence is presented, or final decisions are made on the merits of the case. It's primarily a procedural and planning meeting.   

Q: What decision-making power does the CIRB have in labor disputes overall? 

Answer: The CIRB has significant decision-making power in labor disputes. They can: 

• Issue binding decisions on matters brought before them 

• Certify or decertify unions 

• Determine appropriate bargaining units 

• Rule on unfair labor practices 

• Order remedies for violations of the Canada Labour Code 

Q: Are CIRB decisions final? 

Answer: CIRB decisions are generally final and binding. However, they can be subject to judicial review by the Federal Court of Appeal in certain circumstances. 

Q: Can the CIRB enforce its decisions? 

Answer: Yes, CIRB decisions are enforceable. The Board can file its orders with the Federal Court, after which they become enforceable as if they were orders of that court. 

Q: Does the CIRB have the authority to order mediation or arbitration? 

Answer: Yes, the CIRB has the authority to order parties to participate in mediation or arbitration as part of the dispute resolution process. 

Q: Can the CIRB make decisions about the integration of Unions following a company merger? 

Answer: Yes, the CIRB has the authority to make decisions about Union integration following mergers or acquisitions. This can include determining how bargaining units should be structured and how seniority should be integrated. 

Q: How does the CIRB ensure its decisions are fair and impartial? 

Answer: The CIRB ensures fairness and impartiality by: 

• Following established procedures and principles of natural justice 

• Giving all parties an opportunity to be heard 

• Basing decisions on evidence and relevant labor law 

• Maintaining independence from government, unions, and employers 

  While the CIRB has significant authority, its primary goal is to facilitate fair and stable labor relations within federally regulated industries. 
 

Please Visit Canada Industrial Relations Board (cirb-ccri.gc.ca) to learn more. 

Your CUPE 4070 Executive Team
CUPE 4070 President - Alia Hussain
CUPE 4070 Interim Vice-President - Bryan Hansraj 
CUPE 4070 Secretary-Treasurer - Alex Grigoriev
CUPE 4070 Recording Secretary - Calvin Gautschi

WestJet YVR/ YEG Base VP - Chris Brewer
WestJet YYC Interim Base VP - Lisa Blayney
WestJet YWG Interim Base VP - Bryan Hansraj 
WestJet YYZ Interim Base VP - Chris Amaddeo

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