June 1, 2015 at 4:35 PM
Arbitrator Brian Keller has confirmed that
"wheelchair work" is our scope work as protected under article 2.03 in our
collective agreement. This means that the work should be returned to us and
performed by our members.
But although this recognition is a victory for our
members, there is no short and sweet remedy to deal with the violation.
The arbitrator found that because the GTAA were not
a party to our collective agreement or to the hearing, he had no jurisdiction
over them; even if he ordered Air Canada to resume the performance of wheelchair
work, the GTAA would still prevent the work from returning to Air Canada.
In order to remedy the union's grievance and bind
the GTAA legally to return the work to Air Canada, the arbitrator has directed
Air Canada to use the dispute resolution procedure in its commercial fees
agreement with the GTAA. He ordered Air Canada to make the case against the GTAA
that, by law, the wheelchair work is scope work protected by our collective
agreement.
Keller recognized that his direction could take
considerable time to complete.
This is an unusual and unsatisfactory result, but
it comes about because the GTAA is acting as if it is above the law. And up to
the arbitrator's award, Air Canada has been more than content to stand by and do
nothing.
The union will continue to pursue this issue at the
bargaining table and through the federal levels of government. We will
steadfastly monitor and pursue the terms of the arbitrator's award to insure
that your rights to the wheelchair work are vindicated.
We urge all members to attend very important strike
vote meetings currently being held across the country to hear further details of
this award and our plans moving forward.
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