Airports Overtime Shifts and Shift Extensions - Expanded Q&A
We have received some inquiries from WestJetters in YYZ about the Overtime Shifts and Shift Extensions Q&A recently released in Toronto. To help you better understand the union's perspective on this agreement, we want you to know how it came to be in effect.
This agreement was first negotiated outside the collective agreement process in August 2021 and updated in December 2021. It was a direct result of the employer relying solely on the Canada Labour Code and its provisions. The Labour Code says, "an employee shall not refuse to work a work period or shift if it is necessary for them to work in order to deal with a situation that the employer could not have reasonably foreseen…."
WestJet management was doing last-minute shift changes and schedule changes, adding additional hours to existing shifts, or adding new shifts on days off. These changes were causing a lot of anxiety and stress for many of our members who have other jobs and were finding themselves double booked, had scheduled appointments or travel plans. Childcare and family responsibility was also being affected.
What happens if a flight is delayed as I near the end of my shift?
If a flight is delayed and your shift ends, the agent can be asked to stay up to 45 mins. During this time, the DDC actively seeks relief for the affected agents. The DDC is also part of the bargaining unit at Unifor, and this provides a clear perspective to ensure they, too, have a process in place. The employer wanted this timeline to be more than 45 mins, and it was negotiated down to 45 mins. Seniority is to be followed when filling these vacancies. This agreement also ensured the language provided 1.5x pay extra for extended shift time, and P1's would be offered to incentify shift pick up.
This agreement is not part of the collective agreement and could likely change once a deal is finalized.
Under what circumstances can we refuse these shifts or schedule changes?
The Canada Labour Code has language that protects anyone who refuses over time due to family responsibility. Even if you don't have a collective agreement, the employer has no recourse. Having the union in YVR or YYC, we have told agents that if they need to leave due to family obligations, medical needs, care of pets at home, they may refuse to stay, and we will support them if there's a meeting held.
With Unifor at the table and having elected members like yourself participate in negotiating a protocol was beneficial to your workgroup. It is essential to know that we must follow the Canada Labour Code until we negotiate a collective agreement unless we negotiate a side agreement improving the process for members. This agreement is more beneficial than what the Code allows employers to do.
It is always better to have a "seat at the table" instead of having no voice. The bargaining process will continue to move forward without YYZ and YEG, and likely, if solutions benefit WS, they will be imposed on YYZ or YEG without any of their input. Unifor would much rather have agents from YYZ and YEG as part of these conversations to ensure you are part of negotiating solutions that work for everyone.
It's time to take your seat at the table and benefit from professional representation at Unifor.
If you haven't talked to your coworkers at YYZ and YEG, let them know they can sign a Unifor Membership card today. It is time for them to join you at the bargaining table; they can do this at join.unifor.org/federalcard
Together, We Fly
Local 531 Bargaining Committee
As always, if you need support in the workplace or have any questions for us, here's how you can reach us:
YVR
Karen Berry
705.828.7795
[email protected]
Mark Enns
778.552.2344
[email protected]
Breanne Laihow
778.887.6156
[email protected]
YYC
Sherwin Antonio
403.660.7154
[email protected]
Sandeep Samrai
403.608.9392
[email protected]
Jamie Mote
403.606.0464
[email protected]
Lindsay Landry
403.850.4748
[email protected]
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