Jazz Technical Services: Legal Facts; Vol 1, No. 2 (August / November 2006)

Article 16 – Discipline
Grievance: The Company conducted an investigatory hearing / meeting without Union representation. The grievor was terminated upon closure of the meeting.

Decision:“Under Article 16.12(b), a Union representative must be present whether or not the grievor wants one. Case is returned for a new investigative hearing with the Union present. I will deal with compensation if any, after the arbitration if there is one. This is a final warning to comply with Article 16. 12(b).”

Article 2: Contracting Out
Grievance: This contracting out matter was first heard in front of Arbitrator M. Teplitsky on May 11/06’. The Union sought to ensure the line maintenance of the CRJ aircraft engines is work that is to be recognized as bargaining unit work. Furthermore, the Union requested a predetermined schedule to train our members.

Decision:“32 trainees agreed upon. The employer will provide schedule within 2 weeks.”

Article 2: Contracting Out
Grievance: Aircraft (tail number 120) received damages to the tail area during taxiing when the tail of the aircraft made contact with a parked aircraft. The work to repair this damage was contracted out to Exeltech, a third party contractor.

Decision:“In the future, a careful evaluation should be done before the contracting out occurs preferably involving the Union.”

Company Policy: Duty to Accommodate
Grievance: A disabled member in receipt of benefits was not accommodated per his limitations. The Company in tern determined that he was absent or had abandoned his position and as such, terminated the members’ access to flight benefits.

Decision: "
1. A Written statement he wants to work – if yes.
2. An immediate independent medical assessment.
3. If he is suited for a return to his position or to be accommodated then.
(a) He is to have his travel pass reinstated
(b) Return to work, or if accommodation required, parties are to agree and failing agreement, I will decide it on September 25, 2006.
4. Any damages, I remain seized.”

Articles 4 & 12 – Transfers and filing of vacancies
Grievance: A member applied for a crew chief position and was denied the vacancy on the basis that he did not have the CRJ 100/200 endorsement. The posting did not stipulate the requirement and nor was it a requirement of a crew chief as per Article 4.

Decision:The member…"is to be appointed a crew chief effective October 2, 2006, on his undertaking to obtain CRJ qualifications by January 15, 2008."

Article 2 – Contracting Out
Grievance: The Company contracted out the installation of the in-flight entertainment system to IFE Canada for the CRJ 705 aircraft. It was done without following due process or adhering to previous commitments with regards to the process and need to contract out bargaining unit work. The matter was first brought to arbitrator Teplitsky on May 11/06’. It continued to be discussed on August 18/06’, where it was ordered; “the employer produce agreement forthwith”. A final discussion with arbitrator Teplitsky occurred on September 25/06’.

Decision:“This matter should have been discussed with the Union before any work was done. It is agreed that factory installation is not contracting out. However, Jazz employees should have done installation after reasonable training which would be supplied by the contractor who could install and train simultaneously.”

Article 7 – Overtime
Grievance: The Company determined a requirement for a structural manpower repair to be performed on a RJ705 aircraft. The member was available for the overtime however; the Company did not call in for the requirement in order of seniority. The member was by-passed for the overtime call-out.

Decision:“Pay 10 hours within 30 days.”

Article 5 & 14 – Time Bank and Time Records
Grievance: A member requested his time bank to debited / paid twenty hours from his time back. The Company debited the time bank 25.18 hours without the member’s authorization or explanation.

Decision:
1. “Payment within 30 days.”
2. “Order that employer will not withdraw from an employee’s time bank except in accordance with Article 14.05. Payroll deduction requires notice and a meeting. This is a final warning.”

Article 2 – Contracting Out Bargaining Unit Work
Grievance: The Company had contracted out work which has commonly been performed at all bases. The issue involved the weighing of the hand held fire extinguishers contracted to CASP Aerospace.

Decision:“The practice is to weigh the fire extinguishers on site. Scales are available. The employer will issue a technical bulletin to avoid any repeat errors.”

Article 2 – Contracting Out
Grievance: Upon inspection of an aircraft it was determined that the fuselage was damaged. The damage was mapped by members and forwarded to Bombardier for repair drawings. The aircraft was ferried to Calgary. The members in Calgary were instructed to take the aircraft to Avmax for sheet metal repair.

Decision:“This is a final warning to the employer. Follow the Collective Agreement precisely.”

Article 16 – Discipline
Grievance: Members received a two week suspension without pay for failure to comply with the Company Policies with respect to Employee Conduct and Media Relations.

Decision:“The grievance is dismissed. The penalty was reasonable considering that a discharge may well have been upheld.”