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CUPE National - Safe Union Space Survey
Dear Members,
Please see below information on an important survey being conducted by CUPE National, also available here.
Earlier this year, CUPE’s National Executive Board created a National Safe Union Spaces Working Group to address serious concerns about gender-based violence and other forms of harassment and discrimination in our union.
The Working Group, advised by expert external consultants, has been reviewing CUPE’s existing tools and processes, identifying gaps where we need changes or additional resources to ensure safer union spaces.
As part of this important effort, the Working Group is launching a survey.
CUPE encourages all members to participate in this survey. The survey will help us identify actions we can take and policies we can adopt to make CUPE more welcoming for all members.
The survey closes September 28.
Participate in the survey now by clicking here
In Solidarity,
Your CUPE 4070 Executive Team
CUPE Local 4070 - General Membership Meeting (GMM)
Dear Members,
We are pleased to announce the next General Membership Meeting (GMM) for CUPE Local 4070:
Friday November 5, 2021
Toronto, ON (YYZ)
13:00ET - 15:00ET
Location: TBD
Please note that while this meeting is being planned to occur live and in person for those able to attend - as always, access will also be available via dial-in access (including full Member voting rights). Details on the dial in access option will be provided closer to the GMM.
All Members In Good Standing (have signed a card and paid the $5 initiation fee) are eligible to participate. The meeting will be two (2) hours.
If you have not signed a card and would like to participate you can sign your card here.
In Solidarity,
Your CUPE 4070 Executive Team
Roadshow #2 Reminder & Voting Information (WO)
Dear Members,
This is a reminder that we will be holding our second and final Tentative Agreement virtual Roadshows for Swoop Members today. Please join us by signing up and allow us to answer your questions.
Registration is Required
Swoop TA Roadshow #2: Saturday, September 18th, 2021 @ 13:00MT/15:00ET
Click here to register for Roadshow #2
*Roadshows will run approximately 2 hours.
**Roadshows will be recorded and archived on the CUPE 4070 web Portal.
You are welcome to register for as many Roadshows as you are able to attend. Once you’ve registered, you will receive a confirmation e-mail to the address you provide when registering for the Roadshow. (Please only use your personal e-mail address to register). Make sure to check your spam/junk folder if you have trouble finding the e-mail confirmation once you complete your registration.
A reminder e-mail will be sent out to those who have registered one hour prior to the start of the Roadshow. There is no deadline to register. Members who have received an invite link but have not registered will not be permitted access. Members are required by Zoom Webinar to register in order to attend.
Website
The Local website (www.cupe4070.ca) plays a vital role in rolling out the Swoop TA. Please read this email if you need help accessing the website portal or to reset your password.
Tentative Agreement Page
To access the Tentative Agreement page where you can access the Tentative Agreement, the TA Walkthrough Videos, MOA and the Economic Highlights document; follow these steps:
www.cupe4070.ca -> Portal -> Login to Portal -> WO Tentative Agreement
Voting Process
All Swoop Members, regardless of having signed a Union card are legally allowed to vote in the TA ratification process. This applies to all active and inactive Members from Swoop. Any Member who has not signed a Union card or does not currently have an email address on file with the Local are asked to complete the Rand Member Form on our website in order to ensure you receive your ratification voting package.
Voting Opens: Saturday, September 18th, 2021 @ 15:00MT/17:00ET
Voting Closes: Saturday, September 25th, 2021 @ 15:00MT/17:00ET
The electronic voting link will be sent to you when the vote opens. The link will arrive from the following email address: vote@simplyvoting.com.
If you have any issues accessing the link in your email, please double check your spam/junk folder. If you are still having an issue accessing it, please email vote@cupe4070.ca and include your name and employee number for assistance.
In Solidarity,
Your CUPE 4070 Swoop Bargaining Committee
Marco Di Virgilio, Recording Secretary - CUPE 4070
Roadshow #1 - Reminder (WO)
Dear Members,
This is a reminder that we will be holding our first of two Roadshows today for Swoop Members.
Roadshow Schedule - Registration is Required
Swoop TA Roadshow #1: Friday, September 17th, 2021 @ 16:00MT/18:00ET
Click here to register for Roadshow #1
Swoop TA Roadshow #2: Saturday, September 18th, 2021 @ 13:00MT/15:00ET
Click here to register for Roadshow #2
*Roadshows will run approximately 2 hours.
**Roadshows will be recorded and archived on the CUPE 4070 web Portal.
You are welcome to register for as many Roadshows as you are able to attend. Once you’ve registered, you will receive a confirmation e-mail to the address you provide when registering for the Roadshow. (Please only use your personal e-mail address to register). Make sure to check your spam/junk folder if you have trouble finding the e-mail confirmation once you complete your registration.
A reminder e-mail will be sent out to those who have registered one hour prior to the start of the Roadshow. There is no deadline to register. Members who have received an invite link but have not registered will not be permitted access. Members are required by Zoom Webinar to register in order to attend.
Website
The Local website (www.cupe4070.ca) plays a vital role in rolling out the Swoop TA. Please read this email if you need help accessing the website portal or to reset your password.
Tentative Agreement Page
To access the Tentative Agreement page where you can access the Tentative Agreement, the TA Walkthrough Videos, MOA and the Economic Highlights document; follow these steps:
www.cupe4070.ca -> Portal -> Login to Portal -> WO Tentative Agreement
Voting Process
All Swoop Members, regardless of having signed a Union card are legally allowed to vote in the TA ratification process. This applies to all active and inactive Members from Swoop. Any Member who has not signed a Union card or does not currently have an email address on file with the Local are asked to complete the Rand Member Form on our website in order to ensure you receive your ratification voting package.
Voting Opens: Saturday, September 18th, 2021 @ 15:00MT/17:00ET
Voting Closes: Saturday, September 25th, 2021 @ 15:00MT/17:00ET
In Solidarity,
Your CUPE 4070 Swoop Bargaining Committee
Workforce Update (WS) - October 2021
Dear Members,
Below is the summary of recalls that are occurring at WestJet (WS) in October 2021 that have now been awarded.
WestJet (WS) Recall – October 2021:
Any Member recalled in October 2021 will be able to bid for their block month as of December 2021 onward.
As always, if you require assistance from your Union, please contact us: www.cupe4070.ca/contact.
In Solidarity,
Your CUPE 4070 Executive Team
Statement and Legal Opinion to CUPE 4070 Re: Mandatory COVID-19 Vaccination Requirements
Dear Members,
We know that the WestJet Group’s recent communication regarding mandatory vaccinations, in response to the impending mandate from the federal government, has raised many questions within the Membership.
Your elected CUPE Local 4070 Executive has been in near continuous contact; and have been in contact daily with our CUPE National legal counsel on the issue of our Employer’s mandated vaccination for all staff. The Local has received countless e-mails from Members both expressing sincere belief that this violates their individual rights; as well as Members communicating their fear of working with individuals who refuse to be vaccinated against COVID-19.
As your Union Executive, we understand that this is a deeply polarizing issue for the Membership. As the Union, our responsibility to our Members is to represent your rights within the scope of the employment relationship with your Employer. We understand what that means is not always clear to Members. Additionally, a great deal of information is being circulated interpersonally and via social media within our Membership, and beyond; including other labour unions within the WestJet Group. Many opinions being offered claim to offer free legal advice about your rights in the workplace; or alternatively offer sources which are highly questionable from a legal standpoint under Canadian law.
Your Union’s job is to protect all of our Members’ employment relationship with their Employer; irrespective of politically divisive circumstances.
In the interest of ensuring the Union is clear on what our legal scope is with respect to mandatory vaccination mandates and the law, we have asked our CUPE National legal counsel to review the communication(s) released by the WestJet Group last week, which explain the Employers’ vaccine requirements in detail. Your Union also asked our National legal counsel to write a formal legal opinion based on the facts therein. We are attaching CUPE 4070’s Counsel’s official legal opinion today for your reference.
A legal opinion is based on legal analysis of leading case law in Canada. In looking at the facts of this case, it’s mitigating factors and circumstances, as well as if there are any possible arguments against the Union’s position; and if so, what is an arbitrator likely to decide. These are the heavy questions that your Local 4070 Executive must decide upon, based on all evidence before us. Those questions and answers make up the core of a legal opinion, and are determined by looking at decisions made by arbitrators in the past, in hearings with similar facts, mitigating factors and circumstances.
CUPE National Legal Opinion and Vaccination Q&A Documents:
CUPE National Legal Opinion presented to CUPE Local 4070
CUPE National Question & Answers for the Airline Sector
(Airline Division of CUPE)
CLICK HERE
The Union encourages all Members who wish to learn more to read the attached legal opinion. Below, we will summarize the key points that can be taken from it.
WestJet’s policy contemplates discipline up to and including termination for those Members who wish to refrain from being vaccinated. While there may be questions around whether the Union could successfully challenge such a termination, we do not have any legal avenue to proactively prevent the employer from imposing such a policy. What this tells us is that the best, and in fact, the only guaranteed way to prevent loss of earnings, termination, or other negative consequences, is to be vaccinated if you can be.
Let us be clear: this is not a political position. As the Union, we cannot provide you direction while knowing that the consequences of that direction may result in discipline or termination for you. Doing so would be contrary to the Union’s obligation to represent you in your employment relationship. The Union cannot control the Government mandate or its legislation or policies. Similarly, we cannot challenge the existence of a vaccine policy where federal legislation requires that the employer has one.
2. It is legal for the employer to announce and implement such a policy. Whether a legal challenge to a termination as a result of refusal to vaccinate would be successful is unknown. This legal challenge would depend on a multitude of factors beyond the Union, the Company, the Government, or any individual’s control - it would have to be tested after the fact under the Canada Labour Code (CLC).
The legal opinion attached describes this in detail. If you are terminated as a result of not being vaccinated, the Union is likely to challenge the termination via a grievance. There is no guarantee of success however; or that the Union would refer grievance(s) to arbitration if new decisions under the CLC render the chances of success obsolete. Even if your grievance goes to arbitration, it is far from guaranteed that an arbitrator will uphold the grievance. It is highly uncertain how arbitrators will handle terminations arising from breaches of mandatory COVID vaccination policies. If your grievance is successful at arbitration and you are reinstated, you may still not receive back pay and you may not be allowed to attend work until you are vaccinated. This is the practical reality upon which we live, work and operate.
Of further note: this may not extend to any and all actions related to vaccine refusal. As an example: lying on your declaration or falsifying vaccine records, and being disciplined or terminated for this, are not the same as being terminated for not being vaccinated.
3. There may be grounds for accommodation as a result of protected grounds such as medical accommodation (some people cannot be vaccinated due to verifiable medical reasons), or religious grounds. That being said, a strong personal opposition to a vaccine, in the absence of falling within these protected grounds, will likely be found to not trigger the WestJet Group’s duty to accommodate. Please review the above linked documents from CUPE National for more details on such possibilities.
If you believe that you fall into one of the above groups, and would require accommodation as a result of objectively verifiable protected grounds, we urge you to reach out to the Union at the earliest opportunity. CUPE Local 4070 is committed to challenging disciplinary action issued by the WestJet Group, particularly as it concerns Members who require accommodation. If there is discipline base on legally protected grounds, the union will support you through the process, however we cannot guarantee any particular outcome.
Other notable points arising from the opinion are:
It is likely reasonable, in light of global pandemic circumstances, for the Employer to require Members to disclose their vaccination status.
The Employer can require that full vaccination be a condition of employment for new-hire employees.
COVID-19 is likely to be found to constitute compelling exceptional circumstances, and it is likely an Arbitrator would find that the Health and Safety benefits of mandating a vaccine to outweigh the invasiveness of that vaccine.
Your CUPE Local 4070 Executive is aware that this is a polarizing and complex issue. We encourage all our Members to read the document, and both of the attachments.
If you still have questions about your rights as it relates to the vaccine, please don’t hesitate to reach out to the Union in a respectful and constructive format: cupe4070.ca/contact
In Solidarity,
Your CUPE 4070 Executive Team
Tentative Agreement Ratification - Additional Document
Dear Members,
As you have seen earlier today the Tentative Agreement (TA) document, and Economic Highlights document were released via e-mail and are accessible on www.cupe4070.ca behind the Swoop Member Portal accessible at:
www.cupe4070.ca -> Portal -> Login to Portal -> WO Tentative Agreement
One document was not included inadvertently in the e-mail, and is also accessible on the Member Portal website: The Memorandum of Agreement (MOA) between WestJet AP, WestJet Encore Ltd. and Swoop Inc. This MOA is the document that provides for “Flow” for Swoop Members to WestJet mainline. Details are in the MOA.
Access the MOA HERE
(The same password as the other documents used for the MOA: Magenta2021)
The ratification vote will ask you to vote YES or NO to ratification as presented. This includes both the TA and the MOA, as presented.
If you have any questions regarding the MOA, the Roadshows will be the best avenue to get these questions answered, as well as the video segment on the MOA posted on the Swoop Member Portal.
In Solidarity,
Your CUPE 4070 Swoop Bargaining Committee and Your CUPE 4070 Executive Team
Swoop Tentative Agreement Release - Website, Roadshows and TA Information
Dear Swoop Members,
We are excited to be able to now share with you the Tentative Agreement (TA) information you have been waiting for. Please read the following information carefully. A reminder that this information is confidential and for the exclusive review of Swoop Members (WO) of CUPE Local 4070 only. Do not share this information outside of the Swoop Member group, including Social Media.
Website
The Local website (www.cupe4070.ca) plays a vital role in rolling out the Swoop TA. Please read this email if you need help accessing the website portal or to reset your password.
Tentative Agreement Page
We have spent much of our time since our last update creating what we are certain will be an important tool for you to become familiar with the TA being presented. The Local has posted videos for each Article of the TA, including a video outlining the MOA (Memorandum of Understanding outlining Secondary Recall; as well as flow to WestJet mainline (WS) for Swoop Members for the first time ever) that is part of this same ratification vote. Timestamps above the videos can help you access specific points of interest. Below each video is where you will find the most up-to-date Q&As related to that specific article.
Everything having to do with the TA lives in the below section of the secure Portal and is accessible only to registered Swoop (WO) Members.
To access the Tentative Agreement page where you can access the Tentative Agreement, the TA Walkthrough Videos, and the Economic Highlights document; follow these steps:
www.cupe4070.ca -> Portal -> Login to Portal -> WO Tentative Agreement
Tentative Agreement Document
The confidential case sensitive password for the PDF versions of the TA and Economic Highlights is: Magenta2021
The TA can be accessed on the secure page above, or by clicking HERE. The document and the password are confidential and must not be shared outside of the Swoop Membership, including on social media.
To access the Economic Highlights document, click HERE.
The document and the password are confidential and must not be shared outside of the Swoop Membership, including on social media.
Virtual (Zoom) Roadshows
Roadshows will require registration by following the below Registration links:
You are welcome to register for as many Roadshows as you are able to attend. Once you’ve registered, you will receive a confirmation e-mail to the address you provide when registering for the Roadshow. (Please only use your personal e-mail address to register). Make sure to check your spam/junk folder if you have trouble finding the e-mail confirmation once you complete your registration.
A reminder e-mail will be sent out to those who have registered one hour prior to the start of the Roadshow. There is no deadline to register. Members who have received an invite link but have not registered will not be permitted access. Members are required by Zoom Webinar to register in order to attend.
Roadshow Schedule - Registration is Required
Swoop TA Roadshow #1: Friday, September 17th, 2021 @ 16:00MT/18:00ET
Click here to register for Roadshow #1
Swoop TA Roadshow #2: Saturday, September 18th, 2021 @ 13:00MT/15:00ET
Click here to register for Roadshow #2
*Roadshows will run approximately 2 hours.
**Roadshows will be recorded and archived on the CUPE 4070 web Portal.
Voting Process
All Swoop Members, regardless of having signed a Union card are legally allowed to vote in the TA ratification process. This applies to all active and inactive Members from Swoop. Any Member who has not signed a Union card or does not currently have an email address on file with the Local are asked to complete the Rand Member Form on our website in order to ensure you receive your ratification voting package.
Voting Opens: Saturday, September 18th, 2021 @ 15:00MT/17:00ET
Voting Closes: Saturday, September 25th, 2021 @ 15:00MT/17:00ET
In Solidarity,
Your CUPE 4070 Executive Team
Education Scholarship Recipients
Dear Members,
The CUPE 4070 Education Committee in conjunction with all the executives are pleased to announce the recipients of the 2021 Scholarships.
As you are aware, we announced that we were able to offer scholarships this year. The application deadline was set for August 30, 2021. We wish to thank everyone who applied. The decision was not an easy one, as there were many exceptional candidates and the competition was fierce.
The awards for each bargaining unit, Swoop, WestJet Encore, and WestJet, were democratically voted on by the two Committee Members who were not in the bargaining unit up for discussion. For example, your WestJet Education Committee Member did not vote for the WestJet award recipient. Each scholarship was awarded based on the application criteria that was communicated when the application process was open.
Without further ado…..
Please join us in Congratulating the recipients of the
2021 CUPE 4070 Scholarships,
our members, your colleagues and friends:
SWOOP
One (1) Available Scholarship
TEELAH BARLOW
WESTJET ENCORE
Two (2) Available Scholarships
In no specific order
BATOUL MAZLOUM
BEA PATRICIA VIOLETA
WESTJET
Three (3) Available Scholarships
In no specific order
MELISSA GEORGE
ADRIENNE WEBB
THI BICH NGOC NGO
CONGRATULATIONS TO YOU ALL!
GOOD LUCK WITH YOUR EDUCATION PLANS NOW AND IN THE FUTURE
In Solidarity,
Your CUPE 4070 Education Committee
WestJet Encore YYC Base Vice-President By-Election
Dear Members,
Nominations for the WestJet Encore YYC Base Vice-President position is now open. The term for this position is from November 2021 - November 2022. Some training for this position will take place in October 2021.
Please review the following information carefully:
Nominations Open: September 14, 2021 @ 03:00 PT / 04:00 MT / 06:00 ET
Nominations Close: September 20, 2021 @ 15:00 PT / 16:00 MT / 18:00 ET
WestJet Encore YYC based Members In Good Standing (signed union card and paid a $5 Membership fee) can nominate other Members In Good Standing at the YYC base only. If you wish to participate in this nomination and election process and have not signed a union card, please sign a card and pay the $5 Membership fee on our website at least 24 hours before the nomination & the election end for processing. SIGN A CARD HERE
Nomination Forms:
WestJet Encore YYC Base Vice-President
All nomination forms must be filled out electronically or printed and scanned and sent by email to: elections@cupe4070.ca by September 20, 2021 @ 15:00 PT / 16:00 MT / 18:00 ET
NOTES:
The nominator must discuss the nomination with the nominee and both must be Members In Good Standing
Only one nomination form is required per nominee for the same position.
You cannot nominate yourself.
The Nominee and Nominator must both be WestJet Encore Members based in YYC (active or furlough).
Please include the nominee's name in the subject line of your email.
Please submit one nomination form per email if submitting multiple nomination forms.
Nomination Confirmation:
Once the nomination period closes on September 20, 2021, all Members who have been nominated will be sent an email from Marco Di Virgilio, Recording Secretary & Returning Officer, asking if they will allow their name to stand on the ballot and accept the nomination. These individuals will have until September 22, 2021 @ 17:00 PT / 18:00 MT / 20:00 ET to accept or decline their nomination.*NOTE: This is also when the Resume/Information sheet is due.
If you are nominated for a position, please monitor your email and spam/junk folder during this period. Nominees who do not reply by the deadline will automatically be considered to have declined their nomination.
Resume/Information Sheet:
All nominees that accept their nomination will be given the opportunity to provide a one (1) page (8.5x11 size) resume/info sheet which can be posted on our social media pages and website with links sent by email to all Members In Good Standing for review.
Nominees must send their resume/info sheet in PDF format to: elections@cupe4070.ca by September 22, 2021 @ 17:00 PT / 18:00 MT / 20:00 ET,the same date & time the acceptance of nomination is due. You can start creating your resume/information sheet now if you are interested in this position to save time.
PLEASE DO NOT:
Submit large file resume/info sheets
Use company logos
Provide any information you don’t want public
Elections:
START: September 23, 2021 @ 03:00 PT / 04:00 MT / 06:00 ET
END: September 29, 2021 @ 15:00 PT / 16:00 MT / 18:00 ET
Electoral Officer:
The Electoral Officer for this election will be Sylvia Alves, WestJet Cabin Crew Member - YYC Base & WS YYC Communications Committee Member.
In Solidarity,
Marco Di Virgilio, Recording Secretary & Returning Officer - CUPE 4070
CUPE 4070 CARD Committee - Update
Dear Members,
A day of reflection is upon us. September 30th is known as “Orange Shirt Day” and for the first time is a statutory holiday known as a National Day of Truth and Reconciliation.
For the story of Phyllis Webstad and why we have an Orange Shirt Day click here: 👉 https://www.orangeshirtday.org/phyllis-story.html
Online there are many ways to buy an orange shirt, unfortunately, they are not all Indigenous ran organizations, nor do they donate any proceeded to the Orange Shirt Society. We have provided 3 links to Indigenous organizations below.
To buy Every Child Matters products click here: 👉 https://orangeshirtday.net/products/
To buy a learn to bead kit orange shirt brooch click here: 👉 https://moonstonecreation.ca/orange-shirt-breaded-brooch/
To buy orange shirts from an Indigenous designer click here: 👉 https://www.feralfawn.ca/product-page/adult-orange-shirt
If you buy through an organization other than the ones listed above, please check to make sure it is Indigenous-owned and operated or that they are an ally organization that is donating proceeds to help Residential/Day School survivors and their families.
If you cannot buy an orange shirt, please wear something orange in solidarity with Residential/Day School Survivors and their families.
For our colleagues who are working on September 30th, you are welcome to wear an orange shirt pin on your uniform above your name tag.
To learn about the 94 Calls to Action as recommended by the Truth and Reconciliation Commision click here:
👉 https://www2.gov.bc.ca/assets/gov/british-columbians-our-governments/indigenous-people/aboriginal-peoples-documents/calls_to_action_english2.pdf
A 24-hour Indian Residential/Day School Crisis Line to support former Residential/Day school students and those affected, can be reached any time at 1-866-925-4419
In Solidarity,
Your CUPE 4070 CARD Committee
Swoop Tentative Agreement Ratification Schedule & Events
Dear Members,
As we communicated with you last week, on September 8, 2021; CUPE Local 4070 and Swoop Inc. reached a Tentative Agreement (TA) at the bargaining table for our first ever union Collective Agreement (CA).
We are now ready to inform you of the process (including important dates and times) leading up to the ratification vote of the TA. Here are some important milestones towards ratification that you should be aware of:
Roadshow registration information will be released on September 15 along with the TA PDF. Ratification vote ballots will arrive via email at the start of the voting process on September 18. Certified results of the ratification vote will be announced via e-mail shortly after the ratification period closes on September 25.
Vote & Union Emails
All Swoop Members, regardless of having signed a Union card are legally allowed to vote in the TA ratification process, this applies to all active and inactive Members. Any Member who has not signed a Union card or does not currently have an email address on file with the Local are asked to complete the Rand Member Form on our website in order to ensure they receive email updates and the TA voting ballot. Members are also welcome to sign a Membership card and pay the $5 initiation fee to become a Member in Good Standing using this form if they have not already done so at any time.
This is a tremendously exciting next two weeks for Swoop Members. The Union joins you in being so proud that we have finally reached this milestone.
Please stay tuned, and keep an eye on your email for all communications regarding the ratification events outlined above.
As always, if you have questions or require assistance from your union, please reach out to us at: www.cupe4070.ca/contact.
In Solidarity,
Your CUPE 4070 Swoop Bargaining Committee
Your CUPE 4070 Executive Team
ADCP Vaccine Mandate
Dear Members,
Attached is a letter from CUPE Airline Division Counsil of Presidents regarding Canada’s Federal Sector Vaccine Mandate. This letter was sent on September 9, 2021, to Nicolas Robinson, Director General of Civil Aviation with Transport Canada, Barbara Raymond, Executive Medical Advisor with Public Health Agency, and Brenda Baxter, Director General with Labour Program Employment and Social Development Canada.
In Solidarity,
Your CUPE 4070 Executive Team
Swoop & CUPE Reach Tentative Agreement
Dear Members,
As you will hear soon from the Company and the media, CUPE Local 4070 and Swoop have reached a Tentative Agreement (TA). The Swoop CUPE 4070 Bargaining Committee, along with four CUPE National Bargaining representatives have been working tirelessly throughout the last few weeks to conclude negotiations for our historic first ever Collective Agreement for Swoop Cabin Crew Members!
We will be planning virtual Roadshows to present this Tentative Agreement to our Swoop Members. We are excited to be able to present this TA to them for ratification.
This is a huge milestone for Swoop, following the WestJet and WestJet Encore Collective Agreements. Having legally binding union contracts in place for the over 4,100 Cabin Personnel at all three of the WestJet Group’s brands will be a milestone of great significance.
In Solidarity,
Your CUPE 4070 Executive Team
Tentative Agreement Reached at Swoop Bargaining Table
Dear Members,
After returning to the bargaining table yesterday morning with Swoop management, your SWOOP CUPE Local 4070 Bargaining Committee is extremely proud to inform you that we have reached a Tentative Agreement (TA) for the first ever Swoop Flight Attendant Union Collective Agreement.
This process has been time consuming and labour intensive for both sides since negotiations began in February 2020, over nineteen (19) months ago; and we are so very pleased to be able to bring you a solid TA for ratification vote.
Now that we have reached this Tentative Agreement, the following are the next steps towards ratification:
The Tentative Agreement (TA) document will be prepared and released confidentially to all Swoop Members.
The Bargaining Committee and CUPE National Representatives will produce video segments of each of the forty-four (44) Articles which comprise the TA. These will be uploaded to www.cupe4070.ca for all Swoop Members only.
The Local will plan a series of virtual Roadshows open to all Swoop Members to ask questions directly of the Bargaining Committee such that you are fully informed as to what is contained in your TA being presented for ratification.
CUPE Local 4070 will hold the ratification vote; via our independent third party voting platform. A vote of 50% plus one (1) vote of all Swoop Members who cast a ballot is needed to ratify the TA into a Collective Agreement (CA).
This is an exciting time for all of us, and we could not be more pleased to share this news with you today! The Union Local will work quickly to arrange all of the details of the ratification process as outlined above, and we will communicate with you as soon as these details are finalized in the coming days.
This is an historic day for all of our Swoop Members. We remain so proud to be your elected voice to bargain for our first ever Union Collective Agreement.
As always, if you have questions or require assistance from your union, please reach out to us at: www.cupe4070.ca/contact.
In Solidarity,
Your CUPE 4070 Swoop Bargaining Committee
CUPE 4070 Response to the WestJet Group’s Communication Regarding Mandatory COVID-19 Vaccination
Dear Members,
In the past hour the WestJet Group of Companies released an internal communication to all employees, in every department across the organization. This communication outlines a framework of how they intend to implement the federal government’s announcement from August 13th that requires COVID-19 vaccinations for all employees working in federally regulated sectors. This includes every employee of national air, marine, and rail transportation companies. This notice is not isolated to crew or frontline workers; every worker employed in federally regulated sectors must be fully vaccinated.
CUPE Local 4070 has been anticipating information on this topic from the Company for some time. The Union has been in ongoing discussions with the Company around mandatory vaccinations. We have been advocating that any direction on vaccines be in the form of an official company policy - not just a directive in the form of a communication by a Company Executive. There is legal rationale why the Union believes that any change in conditions of employment must take the form of official policy or policies.
The Union’s stance is that full details and specifics of what is being mandated by the federal government is largely unknown, and as a result, we are of the position that today’s announcement by the Employer is premature. Despite that, the Union now has official guidance from the Employer via today's communication as to their intended approach on this issue. We are receiving continuous guidance from CUPE National legal counsel as to the best approach forward.
While we cannot provide immediate guidance to you today on this matter; please know that your Union is actively working with CUPE National including in-house legal counsel, with CUPE National Health & Safety officers, with the CUPE Airline Division and its Council of Presidents (ADCP), and with our union allies at ALPA, CALDA and Unifor which represent other unionized colleagues within the WestJet Group.
CUPE Local 4070 remains steadfast in our commitment to representing every one of our Members as we continue to navigate through the pandemic and beyond.
Please note that respective Base Vice-Presidents are part of Local 4070’s Executive response planning; as are the respective union OH&S Committees. They do not have any additional information at this time. Further details will be shared by the Union as they become available.
We hope that you find this update helpful. CUPE 4070 contact information can always be found at: www.cupe4070.ca/contact
In Solidarity,
Your CUPE 4070 Executive Team
WestJet New Master Seniority List (MSL) Release
Dear Members,
The company has released the new WestJet Master Seniority List (MSL). It will also be available on our Member Portal.
If you have not created a profile on the Union website, you can find the instructions HERE.
The MSL is attached and can be accessed by clicking HERE.
As per the Collective Agreement Article 15-2, there will be no further disputes until the next MSL publication dispute period in April 2022.
Implementation Timelines
The following dates have been agreed upon between the Union and the Company for when the MSL will be utilized:
Layoff and recall
In the event we announce any future recalls or layoffs, the finalized MSL will be utilized.
Crew Scheduling Day of Operations – Effective September 22, 2021
On this date, the new MSL will be loaded into the day of tracking system (Sabre Crew Trac). All operational reassignments and reserve call outs that consider Cabin Personnel’s seniority will be determined using the new MSL.
This update is anticipated to occur between 0000-0200. Those on RAM may still be called out utilizing the Inflight Department List until the update is complete.
Crew Planning – Effective November 1, 2021
Construction of the November schedules will commence in late September and will utilize the updated MSL that will be loaded on September 22.
As a reminder, November 2021 schedules will be constructed and published in late October utilizing the current equity-based system.
In Solidarity,
Your CUPE 4070 Executive Team
Recall Notice – (WR) WestJet Encore Members - October 2021
Dear Members,
The Union has been advised by the Company of recalls to active status for Members currently on furlough; effective October 1, 2021 for the YYZ base (YYC base recall list has been exhausted).
Recall will occur based on the Company Service Lists that are published by base – the same lists that were used to determine those who were placed on furlough, and will be completed senior to junior. These lists are available after log-in to the Member Portal at www.cupe4070.ca. Work towards the Master Seniority List (MSL) will begin shortly; and once the MSL is in place the Company Service List(s) will be replaced by the MSL. The Union will communicate this with you in advance.
This recall will see:
Approximately ten (10) to fifteen (15) CCMs recalled in YYZ
This recall is being executed under Article 47-5.05 of the Collective Agreement (CA):
To determine if you are eligible for recall as of October 1, 2021:
1) Check the personal email account that you have most recently registered with the Company related to your inactive status.
2) Ensure to check your ‘spam/junk’ folder, just in case.
As indicated, this recall is being executed under Article 47-5.05 of the CA and Members eligible for recall will have only 48 HOURS to accept a recall should they desire. The Company has advised the Union that recall notices will go out later today; Tuesday September 7, 2021.
Ability to decline recall:
As per the Collective Agreement: if you are senior enough to hold recall, and recall is offered to you; you may elect to decline the recall and await recall in the future should it occur. You may opt to decline any recall until such time as there are no other Members junior to you on your base’s Company Service List, at which time a decline to recall would be the end of your employment. You will be notified in the Notice of Recall, if this is the case.
The Union and the Company continue to work together cooperatively towards recalling Members that have been placed on furlough as a result of the COVID-19 pandemic. We are pleased to see continued recall at WestJet Encore.
Please contact the Union should you have further questions via our contact link: www.cupe4070.ca/contact.
In Solidarity,
Your CUPE 4070 Executive Team
Swoop Bargaining Update #6
Dear Members,
Since the last Bargaining update; Collective Bargaining took place from August 23 - 26, 2021 between the Union and the Company. As we indicated previously, the only items remaining under negotiation are: job scope language, and the final comprehensive financial package.
To provide Membership with perspective in terms of where we are at in the Collective Bargaining process:
Swoop (WO)
Overall Bargaining Progress (by Articles completed in TA)
*Accurate as of September 2, 2021
Your Swoop Bargaining Committee spent all of last week bargaining for the comprehensive monetary and financial package, as well as Scope language that will form part of the final TA. We can report that while the financial package was passed multiple times between the Company and the Union; on one return of the proposed package by the Company, the Committee took particular efforts to verbally call out to the Company how disappointing their counter-offer was to the Union. This rebuke was lead by Local Vice-President Jamie Loiselle, and appeared to take the Employer off guard. In our subsequent return pass of the financial package, the Union made it clear what we expect from the Company in order to secure a Tentative Agreement for the Swoop bargaining unit. It was absolutely necessary to outline what reasonable expectations the Union has in this regard.
While these final two (2) Articles are significant; and are clearly not without challenge to negotiate - we continue to believe that with each day of negotiations, we inch closer to reaching a Tentative Agreement to present to you, the Swoop Membership, for ratification vote.
The next round of Bargaining for the Swoop Collective Agreement is scheduled for next week September 7 - 9, 2021. We will again update you following these negotiations.
Further Bargaining dates in September, should they be necessary, are:
September 7 - 9, 2021
September 21 - 23, 2021
As always, if you have questions or require assistance from your union, please reach out to us at: www.cupe4070.ca/contact.
In Solidarity,
Your CUPE 4070 Swoop Bargaining Committee
An Update from Local 4070 Secretary-Treasurer Kruti Sutaria
Dear Members,
The Union would like to advise of a financial incident involving fraud that occurred in respect to the Local’s primary chequing account during the month of August 2021.
On Thursday August 26th, as your Secretary-Treasurer I noticed unusual activity in one of the Local’s bank accounts. Specifically, four (4) cheques that had cleared our account in amounts of over $4,500 each. The cheque numbers of these withdrawals were suspicious in nature as these cheque numbers had previously been used and cashed in 2019. The dates of these withdrawals were August 11th and 20th.
Additionally, no physical cheques have been used by the Local in over a year thanks to a payment processing software that provides the use of electronic fund transfers; this has minimized the need for paper cheques.
Upon discovery of what I was confident was fraud, I immediately proceeded to the nearest bank branch where an official investigation was opened. Legal affidavits were signed by myself and Chris Rauenbusch, CUPE 4070 President; and I transferred remaining funds into our savings account to prevent further cheques from clearing. A police report has also been filed with the Calgary Police Service, which is the procedure for theft over $5000 in Canada.
On Tuesday August 31st, the Bank Manager that had helped initiate the investigation contacted me to advise that the four (4) cheques in question were indeed deemed counterfeit by the Bank’s internal fraud investigation department; and that the funds totaling over $18,000 were going to be returned to CUPE Local 4070 that same day. A new account has now been opened to avoid our Members’ funds being held in an account which has been breached; and the original account will be closed in short order once the preauthorized payments are transferred. The deposit was received into the new account on Tuesday August 31st.
I am confident about which cheque was copied; and based on an internal Union investigation, I strongly believe that the cheque in question was sent to a vendor (payee) in September 2019. It appears this cheque was then altered with two of the signing officers’ signatures electronically copied onto the cloned cheques. The Union is awaiting further details from the vendor at which I believe this occurred; for additional information following their own investigation, as well as for the results of the Calgary Police Service investigation upon its conclusion.
As always, my priority and core responsibilities as your elected Secretary-Treasurer are to ensure that the dues - that you, our Members contribute to our Local - are safely and responsibly handled, and that you have trust in the financial accountability of your Union Local at all times. I remain steadfast and unwavered in this responsibility and continue to be honoured to hold your trust in this regard.
A further update on this incident regarding the Police investigation as well as further details will be provided to the Membership at the next General Membership Meeting (GMM), which will be announced soon, that will occur in November.
In Solidarity,
Kruti Sutaria
Secretary-Treasurer - CUPE Local 4070