No compelling labour relations reasons to litigate grievance based on obsolete language: Arbitrator

TOP STORY

No compelling labour relations reasons to litigate grievance based on obsolete language: Arbitrator

Application to dismiss grievance, mootness – WestJet and ALPA (Conversion to Short Call Reserve), Re (CAN LA)

Grievance related to scheduling of reserve pilots – Before grievance reached arbitration, new Canadian Aviation Flight and Duty Regulations prompted the parties to negotiate a new Letter of Understanding (LOU) on reserve pilot scheduling, effectively removing or amending clauses relied upon by the parties in their defense of the grievance – WestJet brought application to dismiss grievance as moot – ALPA argued that determination of whether prior practice was compliant was important issue to membership – Arbitrator found no outstanding substantive interpretative or remedial issues – Application granted on condition that credit hours restored to pilots who had credit hours deducted as result of prior practice, as offered by WestJet

 

DECISIONS

  • Preliminary order, interest arbitration – Air Canada and CUPE Air Canada Component (ON LA
    Union requested that bargaining unit members not part of bargaining committee be allowed to attend and observe interest arbitration proceedings – Arbitrator denied request citing confidential sensitive financial information and logistical difficulties
  • Motion to strike, vicarious liability for sexual harassment – Incognito v. Skyservice Business Aviation Inc., 2022 ONSC 1795
    Claim for sexual assault and sexual harassment as well as vicarious liability for sexual assault and sexual harassment against the company – Arguing that the tort of sexual harassment is not recognized in Ontario, Skyservice sought to strike allegations pertaining to vicarious liability for sexual harassment – Court agreed – Motion granted
  • Access to information, time extension – Transport Canada (Re), 2022 OIC 8
    Claim that extension sought by Transport Canada to respond to request was unreasonable – Request sought records related to implementation of new testing and quarantine measures regarding nonessential international air travel – Transport Canada advised it required a 510-day extension to respond to request, considering limited on-site access and limited personnel due to pandemic, and extensive consultations required with several government agencies and third parties – Commissioner concluded Transport Canada had met all criteria to allow extension – Claim not founded

 

CIRB DECISIONS

  • Bargaining Unit Order – Calm Air International LP Order No. 11659-U
    Unifor – “all employees of Calm Air International LP employed in its Winnipeg Cargo department, excluding dangerous goods experts, dangerous goods coordinators, the senior cargo administrator, the assistant manager and those above the rank of manager.”
  • Sale of business – Universal Protection Service of Canada Corporation, dba Allied Universal Security Services Order No.: 11705-U, Order No.: 11704-U, Order No.: 11703-U, Order No.: 11702-U, Order No.: 11701-U, Order No.: 11700-U, Order No.: 11699-U, Order No.: 11698-U, Order No.: 11697-U, Order No.: 11696-U, Order No.: 11695-U
    IAMAW filed application seeking declaration that sale of G4S Secure Solutions to Universal Protection Service of Canada Corporation constituted a sale of business under the Canada Labour Code – Board found that sale of business occurred, Universal Protection Service of Canada Corporation is successor employer, and IAMAW continues to be the certified bargaining agent

CTA DECISIONS

  • Suspension – Sky Night, LLC cob Fly Exclusive International Order No. 2022-A-S-35
    License no. 150100 – reinstated effective March 28, 2022
  • Suspension – Napa Jet Center, Inc. Order No. 2022-A-S-34
    License no. 010088
  • Suspension –– Direct Jet Charter, LLC Order No. 2022-A-S-32
    License no. 967368
  • Suspension – Aura Airlines, S.L. cob Gowair Vacation Airlines Order No. 2022-A-S-31
    License no. 210015
  • Application – Zimmer Air Services Inc.Determination No. A-2022-30
    Application for license to operate a non-scheduled international service, small aircraft – license issued
  • Application – WestJetDetermination No. A-2022-31
    Application for a temporary licence to operate international air services on a scheduled basis, using large aircraft, between Canada and Honduras – temporary license issued until June 30, 2023

 

TC/TSB NEWS

 

INDUSTRY ASSOCIATION NEWS

 

UNION NEWS

 

AIRPORT NEWS

 

ROTARY OPERATOR NEWS

 

AVIATION NEWS

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