November 25, 2020 at 4:30 PM
2020 has been a challenging year to date. Between the changing requirements in our workplace and the ongoing unprecedented global pandemic that continues to impact all of us, our lives have been turned upside down and our future is still very uncertain.
COVID-19 continues to have a profound impact on the aviation sector; possibly one of the hardest hit sectors in Canada. The federal government has finally recognized that our airlines are struggling and companies cannot respond to the ongoing challenges on their own. Passenger levels are still down by almost 90% and there is no line of sight as to when that will change.
As the world we once knew changes, you – the members of Elite Line Services – have experienced hardship as workers at Toronto’s Pearson International Airport. Come January 15, 2020, the Elite Line Services contract with the GTAA will conclude resulting in permanent job loss for all members. Many of you have held employment in these positions since 2003.
OPERATIONS AT ELS
Unifor and ELS last met via video conference on July 22, 2020. At that time, the company provided a proposal package, but there was no mention of a retroactive wage increase tied to the expiration of the Collective Bargaining Agreement - April 1, 2020. However, the company did offer a lump sum payment of $750.00 and a 1.5% wage increase if the member were recalled on September 30, 2020 or after. However, in light of the fact that all members have been laid off and the contract between ELS and the GTAA expires on January 15, 2021, none of our members would receive any wage increase for the renewal of the CBA.
ELS has been disgraceful in their actions. The company has offered nothing to those members who helped build and grow this business with a solid reputation in the aviation sector. Some ELS employees have been working for this company dating back to 2003, and continued to work through the pandemic, up until the last date of employment on June 23, 2020. ELS has failed and refused to recognize any wage increase(s) for their employees which is shameful and entirely disrespectful.
ELS MAKES APPLICATION TO THE MINISTER OF LABOUR
On October 26, 2020, the Legal firm of Vereschagin and Brown (representing Elite Line Services) filed application to the Minister of Labour requesting a waiver with regards to a group termination per the Canada Labour Code. A group termination refers to a termination of employment of 50 or more employees working at a single industrial establishment either on the same date or within any four-week period.
When a group termination of employment is planned, a federally regulated employer is required to provide written notice to the Minister of Labour at least sixteen (16) weeks prior to the termination(s) of employment taking effect. An employer is also required to cooperate with the Canada Employment Insurance Commission, and provide affected employees with a statement of benefits and establish a Joint Planning Committee. On November 24, 2020, Unifor’s legal department filed notice to the Minister of Labour strongly objecting to the waiver request submitted by ELS.
In addition to the notice to the Minister of Labour, the employer must also give individual written notice to each employee affected by the termination. As of today – November 25, 2020 – Unifor has not been notified that the company has provided written notice to each of their employees.
UNIFOR FILES FOR CONCILIATION
ELS has demonstrated that they have no interest in trying to conclude the collective bargaining process with Unifor. As a means of trying to close the gap, on November 13, 2020, Unifor filed a Notice of Dispute and Request for Conciliation Assistance to the Federal Mediation and Conciliation Service (FMCS) which has acknowledged receipt of this request.
WHAT IS THE CONCILIATION PROCESS?
- Unifor/Company filed a Notice of Dispute to the Federal Minister of Labour
- Minister will appoint a Federal Conciliation Officer within 15 days
- The Conciliator will meet with Union and Employer over a 60-day period to facilitate negotiations
- The parties may agree to extend the conciliation period if negotiations are progressing
- At the end of this period, the parties enter a 21-day "cooling off period"
- Conciliator files report to the Federal Minister of Labour
- While in conciliation, the Company may not lock out employees and the Union may not take strike action. Strike action is only ever taken as a last resort and after conditions (such as a strike vote and 72 hours advance notice) are met
NEXT STEPS
We are continuing to monitor operations at the Greater Toronto Airport Authority as it pertains to the situation at Elite Line Services. Additionally, Local 2002 remains in continuous communication with Unifor’s legal department which has provided direction and assistance throughout this development.
We hope that Elite Line Services will recognize this is an "error" and we ask that they make good on their reputation as a business with integrity and merit. These Unifor members have been, and remain, dedicated and hardworking employees who have helped build ELS as a leader in providing operations and maintenance systems.
For more information, please contact:
Ashley Watkins, Assistant to the Local 2002 President