April 29, 2022 at 5:00 PM
Your Union has won a key battle in protecting members' rights at Air Canada.
The matter arose from a grievance that Unifor filed against Air Canada in its use of KPI (Key Performance Indicators) to determine who could be assigned for telework (i.e. work from home); an initiative triggered by the pandemic. An arbitrator had ruled in favour of Air Canada, however, Unifor did not agree with the decision and filed for a judicial review in the matter.
The issue was placed in front of an Ontario Superior Court where arguments were heard from both the union and the employer. On April 19, 2022, the Court issued a ruling calling the Arbitrator’s award “unreasonable” and overturned the decision in Unifor’s favour.
"This has been a long and arduous process," said Tammy Moore, President of Unifor Local 2002. "Your union has demonstrated its resolve in defending members' interests and now we call on Air Canada to respect and adhere to the Collective Agreement; to be fair and transparent in its implementation of similar initiatives."
The union insisted that the use of KPI as a measurement tool is in violation of Letter of Understanding No. 11 in the Collective Agreement - Monitoring and Measurement of Work Performance. The union maintained that the use of KPI's was arbitrary and discriminatory.
This decision on the judicial review will allow for the remittance of the grievance to another hearing with another Arbitrator. Unifor is eager to have the issue resolved and will take immediate steps on behalf of our members.
Your Unifor Bargaining Committee would like to thank all members who have provided support in this process. With this victory, we are better prepared for similar challenges in the future.
Unifor/Air Canada Bargaining Committee
Joanne Goulet – Interim Chairperson, Western Region
Steve Murphy – Pacific Region
David Peng – Central Region
Benoit Lapointe – Eastern Region
Cheryl Robinson – Atlantic Region
Tammy Moore – President, Unifor Local 2002
Frances Galambosy – Unifor National Service Representative, Airline Sector
Leslie Dias – Unifor Director, Airlines Sector
/22-04-29 Unifor Air Canada KPI judicial review EN.txt