Unifor has been calling on WestJet and the AEA to improve recall rights immediately for non-union airports staff. This is something that can be done with a simple negotiation between the parties involved. The AEA has been late to the game on most issues, so we are always happy to encourage them to do the right thing.
On April 29 Brad Charington, AEA Chair, sent out a notice to employees advising that the “AEA submitted a formal proposal to WestJet requesting agreement on a recall process” seeking 60 months recall language.
Again last week Unifor answered the questions about whether Unifor can help to negotiate increased recall rights if enough Westjetters sign membership cards for certification. We responded by saying,
“Again, the answer is Yes. The fact is, CUPE was able to negotiate this very thing in a Memorandum of Agreement (MOA) for Swoop and Encore flight attendants, setting a precedent that Unifor can follow on your behalf and with your input.”
Robert Antoniuk, Vice-President Airports at WestJet sent out an update the next day acknowledging that the AEA “proposed some solutions” but failed to engage in meaningful conversations to resolve the recall concern. In fact, he went on to talk about entitlements that different work groups have at WestJet and the “variability between work content, bargaining priorities, cost structures, and quite frankly, the give-and-take that is the foundation of any negotiation.”
Seems to us that Robert in his own words is acknowledging that if you were unionized with Unifor he might have to look at this differently. It is time to sign your membership cards or encourage a co-worker to sign a card.
Canada Labour Code (CLC) Exemption Request from Employer to Federal Government via Labour Minister Filomina Tassi
Another important piece of information that both WestJet and the AEA are failing to share with you is that on April 27, two days before the AEA asked for a provision to improve your recall language, Westjet filed an application to the Federal Minister of Labour related to Division IX of the Canada Labour Code. This section relates to group terminations benefits at the six-month mark if workers are not returned to active status. The Division is not about benefits as we would usually understand that word. It is about an adjustment process that must be undertaken unless there is a waiver from the Minister.
It is astonishing that Brad Charington from the AEA sent out an update on April 29 and failed to bring this to your attention. The AEA has a responsibility to keep you informed especially when your employer was actively trying to take away your rights as protected under the Canada Labour Code.
In the CLC, a group termination is defined as terminating 50 or more employees on the same date. The process outlined in the CLC dictates that when there is a group termination, the employer must give notice of its intention to terminate in writing to the Minister at least 16 weeks prior to the date of termination.
After an employer notifies the Minister of its intent, a Joint Planning Committee must be established with the purpose to mitigate or minimize these terminations and help employees find other employment. It's supposed to consist of at least four members; half representing the affected employee groups, and half representing the employer. It could potentially lead to an independent arbitrator helping out if there wasn't cooperation or reasonable effort made on either side.
Unifor recognizes the significant impact the COVID-19 pandemic has had on WestJet’s operations and the airline sector. WestJet has acknowledged that it could take years for it to recover its operation to pre-COVID levels. It is because of this that Division IX of the code should not be waived and employees from the affected workgroups should be part of the joint planning committee.
The federal government has put in place a number of programs to help mitigate job loss such as the Canada Emergency Wage Subsidy and the Canada Emergency Response Benefit. These programs are a valuable part of retaining the workers who have helped to build WestJet into the company it is.
It is now up to WestJet to focus on extending your recall rights to help reduce your anxiety, but instead it is trying to remove more of your rights as protected in the Canada Labour Code.
All of this gives the employer the power to pick and choose who they bring back and when they come back into the workplace if ever.
Your best protection against that, and to ensure you have a voice as your industry and your workplace change, is to sign a Unifor membership card. For more information, or if you have any questions, please contact one of your organizers.
Billy O'Neill, Unifor
[email protected] | 416-605-1443
Quebec
Ada Zampini, Unifor
[email protected] | 514-701-6227
Prairies
Bruce Fafard, Unifor
[email protected] | 587-341-0945
British Columbia
Simon Lau, Unifor
[email protected] | 778-928-9630
Atlantic
Patrick Murray, Unifor
[email protected] | 506-850-7996
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