Important CBA Reminders for the Winter Peak Season

Article 4 of the CBA outlines the foundation of our representation, defines bargaining unit work, and protects the integrity of our roles. This article ensures that the work we perform, as skilled, trained, and unionized aviation workers, remains within the bargaining unit.

Maintaining scope is essential. It protects job security, ensures work is assigned appropriately, drives financial outcomes (posting of OT) and prevents erosion of duties that belong to our membership. If you observe potential scope issues, please document what you see and reach out to your Unit Chair at your Base as soon as possible so we can address concerns quickly and effectively.

Winter Peak Exception: Article 4-1.02 (i) - Effective December 15 – January 4

Every year, the CBA includes a specific provision that applies only during the winter holiday peak period. This language allows non-bargaining unit employees to provide support for a positive employee and guest experience over a three-week period, as long as:

• They are not assigned in place of bargaining unit employees.
• Their presence is supplemental, not a replacement for union work.

It is important to emphasize that this language does not give the Company the ability to replace our members, or bypass proper staffing including posting of OT. 

The Company is required to meet with the Union no later than the first Monday of December each year to discuss holiday peak support plans and to consider the Union’s feedback before implementing them. This meeting has taken place, and we will continue monitoring the operation throughout the peak season to ensure compliance with the CBA.

What You Can Do

• Know your rights: Familiarize yourself with Article 4 and the winter peak provision.
• Stay aware: If you see non-bargaining unit employees performing work that appears to replace bargaining unit duties, report it to the Unit Chair at your base immediately.

As we enter the busy winter schedule, it is crucial for all members to be aware of the minimum rest protections in Article 9-5 of the Collective Bargaining Agreement. These provisions ensure you have adequate rest between shifts and that you are properly compensated when adjustments are required.

9-5.01 – Ten-Hour Minimum Rest Between Scheduled Shifts

Employees must be scheduled a minimum of ten (10) hours free from duty between the end of one scheduled shift and the start of the next. If your schedule does not allow for at least 10 hours of rest, the Company is required to adjust your report time for the next shift to ensure the full rest period is provided.
It is important to note that the company may only adjust your start time to ensure minimum rest; your end time must remain the same.  

9-5.03 – Protection of Pay When Report Times Are Adjusted

If your report time is pushed later in order to maintain the minimum rest due to staying late for operational reasons, your pay for that shift cannot be reduced. This means you will still receive the full pay for the originally scheduled shift, even if your start time is delayed to comply with the CBA’s rest requirements.

What This Means for You During Peak Season

• You cannot be scheduled with less than the minimum rest period.
• If the Company must adjust your schedule to comply, your pay is protected.
• If your shift reflects less than 10 hours rest, notify the Company and inform a Workplace Representative.
• Proper rest is not only a contractual right, it is essential for your safety and wellbeing during the winter rush.

With the winter peak often bringing irregular operations, weather impacts, and last-minute staffing pressures, Article 9-9 outlines your rights and the Company’s obligations when shift extensions are required.

9-9.01 – Operational Shift Extensions

Employees may be required to remain at work past their scheduled shift end time when operational needs demand it. These situations typically include irregular operations or day-of staffing shortages. While shift extensions can happen in a busy operation, they must be handled within the structure of the CBA.

9-9.02 – Solicitation and Seniority Rules

If an extension is expected to be greater than thirty (30) minutes, the Company must adhere to the following process:

• Qualified Employees must be solicited by position and in seniority order.
• You may decline the shift extension if there are enough Qualified Employees junior to you who can cover the operational requirement.
• This ensures fairness and prevents employees from being unfairly targeted or bypassed and provides financial protection. 

What To Keep in Mind During Shift Extensions

• If a shift extension exceeds 30 minutes, solicitation must occur in proper seniority order.
• You have the right to decline if there are enough qualified junior employees available.
• Under the Canada Labour Code, you have the right to refuse overtime even if you are the most junior employee.  You may refuse to work overtime to carry out family responsibilities related to the health or care of any of your family members or the education of any of your family members who are less than 18 years of age. Before refusing overtime, you must first take reasonable steps to deal with these family responsibilities in some other way. If despite your efforts, you are still required to meet those family responsibilities during the overtime period, only then you can refuse overtime. Reach out to a union representative immediately if you are being threatened with discipline at work for refusing to work overtime.   
• If you believe seniority solicitation was not followed correctly, please notify the Unit Chair at your Base as soon as possible so it can be reviewed.

As we move into a season where severe weather is more likely, it’s important for members to understand the protections and options available under Article 42 – Inclement Weather.

42-1.01 – Company Support During Severe Weather or Natural Disasters

During events such as snowstorms, the Company may, at its discretion, provide support to employees who are required to maintain the operation. This support may include:

• Hotel rooms
• Meal vouchers
• Transportation to and from your home

These provisions exist to ensure that employees who must remain on duty during significant weather impacts have safe and reasonable accommodations.

If You Are Unreasonably Denied These Supports

If you believe you have been unreasonably denied any of these supports covered under Article 42 during severe weather, please reach out to the Unit Chair at your Base immediately.

We can help clarify expectations, follow up with management, and ensure the CBA is applied fairly and consistently.

During peak season, especially when delays, cancellations, and extended operations are more common, Article 43 provides important protections for members who are required to stay beyond their scheduled shift and then have difficulty getting home.

43-1.01 – Transportation Support

If the Company requires you to remain at work after your scheduled release time, and as a result you no longer have access to public transit or other reasonable means of travelling home, the Company may provide transportation.

This clause recognizes the challenges employees can face when operations run late into the night or early morning and provides a mechanism for safe, reasonable travel home when circumstances are beyond your control.

If You Are Unreasonably Denied Transportation

If you are required to stay late and are left without safe or viable transportation options, and the Company declines to provide support under Article 43, please notify the Unit Chair at your Base as soon as possible. We can follow up directly and ensure the contractual language is being applied fairly.

Sick Time Reminders & Best Practices

As we move into the busy winter season, it’s a good time to review how sick leave works under our CBA and how to use it responsibly. Proper use of sick time not only protects your health but also ensures fairness across the operation.

Notification Requirements (37-1.01)

If you are unable to report for duty due to illness or injury, you must notify your Daily Duty Coordinator or other Company-designated personnel by phone at least two (2) hours before your shift. Failing to notify the Company properly could result in conversations or disciplinary action with the company.  

Sick Leave Entitlement (37-2.05 – 37-2.07)

• Full-time employees may earn a maximum of 12 paid sick days per calendar year.
• Part-time or casual employees may earn a maximum of 10 paid sick days per calendar year.
• Carryover: Unused sick days can be carried over into the following year, but the total number of sick days in the new year cannot exceed your maximum entitlement.
• Minimum Balance: If you have fewer than 3 unused sick days on January 1, the Company will top you up to 3 days. Accrual will resume once the “catch-up” period has passed.

Important Notes About the “December Dump”

The Company monitors sick day trends and patterns, particularly around the end of the year. Taking sick days without being genuinely ill, sometimes called a “December dump” can create issues. The union cannot defend non-bona fide sick time in these situations, so it’s critical to use sick leave responsibly and only when you are truly unwell.

Your Responsibilities

• Notify properly and on time if you cannot report for duty.
• Keep track of your sick leave balance and understand carryover rules.
• Use sick leave only when genuinely ill
• Reach out to the Unit Chair at your Base if you have questions about your sick leave or believe your rights are not being respected.