March 14, 2017 – Canada Jetlines One Step Closer To Launch With Jet Metal Combination

Policy Grievance – Cathay Pacific Airways Ltd. v AOA-Canada, 2017 CanLII 10836
Flight officers required to prove eligibility to live and work in home base country – Union argued rule is inconsistent with collective agreement, unreasonable and inconsistently applied – Eligibility requirement found to be a valid unilateral rule

Duty of Fair Representation complaint – Wayne N. Campbell v District 362 Unifor Local 2002, 2017 CanLII 10539
Applicant failed to file submissions on jurisdiction issue – Dismissed on basis of Board having no jurisdiction

Application for Certification – International Association of Machinists and Aerospace Workers/Association Internationale des Machinistes et des Travailleuses et Travailleurs de L’Aérospatiale v Sky Café Ltd., 2017 CanLII 11819
Final decision – All employees bargaining unit with exclusions
Complaint – Les Gestions Jacques Delaney Inc., Re, 2017 CarswellNat 502
Procurement process – Request for Proposal for the administration, operation and maintenance services of the Îles-de-la-Madeleine Airport – Complainant sought re-evaluation of its technical proposal by Transport Canada – Complaint filed outside of 10 day timeline – Dismissed – Transport Canada invited to include clearer language with respect to recourse options
Damages – Airbus Helicopters S.A.S. v. Bell Helicopter Texteron Canada Limité, 2017 FC 170
Patent infringement – Plaintiff awarded $1.5M
Application – Decision No. 941/16, 2017 ONWSIAT 498
Respondent a casual employee of applicant who suffered injuries in plane crash on his way back home after week-long contract – Employee received WSIB benefits for loss of earnings from concurrent employment – Respondent commenced civil action against employer – Employer applied to Tribunal to determine whether right to commence action was taken away from respondent – Application allowed: respondent not entitled to commence action against applicants

Appeal – Decision No. 406/16, 2017 ONWSIAT 519
Ramp agent appeal of NEL – Delay in diagnosis and pre-existing condition – Appeal allowed in part

Bagaining Unit Scope – Swissport Canada Handling Inc. – Order No. 11117-U
Joint application for inclusion of storekeepers

Suspension – Transcarga Intl. Airways, C.A. carrying on business as Transcarga’s – Order No. 2017-A-28
Licence No. 160049