March 5, 2009 at 12:00 AM
Yesterday, March 4th 2009, Lewis Gottheil, Director of the National CAW Legal Department filed a complaint to the Canada Industrial Relations Board (CIRB) under Sections 44, 45, 46, 18 and 18.1 of Part-One of the Canada Labour Code as a 'Review of Bargaining Application for Sale of Business.' This is a result of Aeroplan members clearly telling us that they do not appreciate that Aeroplan is forcing the members to make a decision prior to Aeroplan being declared the bargaining agent.
The process at the CIRB is that once the application has been filed, the board advises the company, and they then will have 10 days to respond. After that time, the board may order a Labour Relations Officer (LRO) meeting of the parties or proceed directly to a hearing.
Should a sale of business between Air Canada and Aeroplan be confirmed, several labour relations consequences must be identified and resolved, including:
- The jurisdiction under which Aeroplan operates;
- The shape and contours of the new bargaining certificate for unionized employees of Groupe Aeroplan in Canada;
- The consequential amendments, if any, to the certificate held by the CAW-Canada with respect to Air Canada;
- The necessary consequential amendments to the Air Canada and/or Groupe Aeroplan collective agreements regarding expiry dates, seniority provisions or other such provisions;
- The authority of Groupe Aeroplan to bargain with the CAW-Canada under the Canada Labour Code.
It is difficult to predict the timelines of this process due to the complexity and the degree of the issues. As this unfolds, we will keep the membership updated. We understand the frustration and stress that is facing members and appreciate your patience.
Below are the attached documents.
For more information:
Leslie Dias, President