Notes from negotes: Issue 9

February 27, 2015 at 12:30 PM

  

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Air Canada adopts unusual bargaining strategy

Air Canada' s rushed application for conciliation is premature and a departure from previous bargaining patterns, says the union representing over 4,100 Customer Sales and Service Agents.

"We're eager to negotiate in good faith and there are lots of items to discuss," said Cheryl Robinson, President of Unifor Local 2002. "But Air Canada appears eager for government interference early in the process."

Usually used as a last resort after reaching an impasse, conciliation triggers the appointment of a federally appointed conciliator that works at the bargaining table with the employer and the union for up to 60 days. However, Unifor disagrees that negotiations are anywhere near an impasse.

"We’re only 14 days into bargaining and they're already pressing the panic button," said Leslie Dias, lead negotiator for Local 2002." In all my years at Air Canada, I've never seen management so quick to declare an impasse."

Regardless of Air Canada's bargaining strategy, Unifor is confident that a negotiated settlement will be the outcome of these talks.


Conciliation process as set out by the Canada Labour Code
It takes up to 15 days for a formal appointment of a conciliation officer to be completed, after which time lines come into effect:

  • First, there is a 60-day conciliation process whereby the officer will assist in areas requested by the parties. If it seems like progress is being made, this period can be extended if both parties are in agreement.

  • After the 60-day period has elapsed, the officer takes on more of a mediator role and will attempt to get the parties moving in areas that are deemed close to resolution. This period lasts 21 days and is called a "cooling off period."

  • If no agreement is reached in this time, the union is in a legal strike position or the company may lockout the workers. Seventy-two hours advance notice must be served to the other party and the Minister of Labour. The union must have taken and received a positive strike vote (of 66 and 2/3s) from its members within the previous 60 days.

Strike action is only ever taken only as a last resort after all other forms of negotiation are exhausted.

Process
Source: Government of Canada
  

Our current contract
Some members have expressed their concern about the upcoming expiry date of our collective agreement. It is important to note that even though our contract expires on February 28, 2015, the terms and conditions of the current agreement will remain in place until we reach and ratify a new agreement.
  

Shift trades
The bargaining committee continues to work towards a resolution with the company on this very important issue. Unifor Director of Transportation Ron Smith and National Representative (for federal sector workers in rail, seaways, airline, and communications) Joel Fournier presented options to the company that would safeguard the flexibility of our shift trade practices without violating the Canada Labour Code. We are pushing to have the company postpone the (April 1, 2015) implementation date of their new shift trading rules in order to give us a time to properly negotiate an agreement and to prevent the company from suggesting members engage in an illegal practice.

We have yet to receive the company's response.
  

Finding solutions that work
During this time we have made some progress in negotiations as we continue to meet with the company to discuss non-monetary issues.

The committee remains firm that there will be no final deal before our shift trading issues are resolved; this issue is of great importance to our members across the country and it is not going away. It is in Air Canada’s best interest to find solutions that work for you.

Your support equals our success and our priority is to keep you informed. The bargaining committee continues to host weekly conference calls as a forum for your vice presidents to table your concerns. Please continue to keep the lines of communication open, focus on the facts and stay united.

  

Your Air Canada Bargaining Committee

  

  

  

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