Air Canada: Legal Facts

Christmas Absenteeism
Each Christmas, numerous members across the country are disciplined for taking sick time during the holiday season. As a result, this issue was brought infront of Arbitrator Teplitsky in 2010. As the holiday season approaches it is worth reviewing his ruling:
"The Christmas and New Year’s period is a busy one for the employer. ‘All hands on deck’ is necessary. When employee’s book off for illness during these periods, a suspicion occurs that they prefer to stay home and enjoy the festive season with their families and friends. From a disciplinary perspective, the employer would be required to prove that the absent employee was not ill or that there was pattern absenteeism which raises a duty to produce evidence. What I have concluded is that an employee who is absent during this period more than once must provide medical evidence to confirm the illness. In practical terms, an employee must choose between attending work or attending their doctor. If no note is forthcoming, the employee can be disciplined.”

Letters of reprimand on the rise for time and attendance
Recently, Arbitrator Teplitsky ruled on several cases in which he maintains that the employee has to provide reasonable and predictable attendance. Pattern absenteeism and lateness is a recipe for further discipline.
Grievance 301-171-11 This case was initiated because the company failed to return the griever back to work in a timely manner.
The griever also filed a human rights complaint. Arbitrator Teplitsky advised that the griever must choose which avenue he wishes to pursue. The arbitrator has the authority to rule on this complaint but then the griever cannot have a second chance at the tribunal. The griever chose to follow up the human rights complaint. This grievance was dismissed without prejudice.
OAL passes for former Air Canada members working at Aeroplan
The Union's position Members who chose to remain with Aeroplan and had at least 15 years of service with Air Canada as of December 31, 2010 should be entitled to OAL passes once they reach 25 year of service, according to the language of the Travel Privilege program offered at the time. 
As of January 2011, Air Canada began denying that right. A grievance was filed in January 2011. In May, 2011, Arbitrator Teplitsky advised that the matter required a full evidentiary hearing, scheduled for August 31, 2011.  The IAMAW filed intervener status as they are facing a similar challenge (with the former Air Canada members going to Aveos). The final day of hearing will be in January 2012. Results will be released at that time.