Westjet pilots strike vote

[ILB]

On 5/30/2018 at 10:48 AM, dagger said:

Fortunate for the two sides they got to an agreement on how to proceed, because this government isn't as inclined to rapid intervention in a labor dispute. So a strike lockout would have run a week or two, but now with the CPR strike, there is a good chance Parliament will be recalled, perhaps in a week or two. A Westjet dispute would have been swept up in the back to work legislation process - you know, kill two birds with one stone, at precisely the point where both sides would have bled, but neither was ready to concede, leaving more to an arbitrator's discretion. This is a more orderly process, with the likelihood that there will be a much shorter list going to arbitration, if there is even a need for it.

The Minister of Labour made it clear that pilots would not be permitted to strike.  It has been made to appear to be an orderly process.  The final mediated/arbitrated no-vote contract will be...educational.

[beaverboy]

The Minister of Labour made it clear there would be no lockout.  

[Lakelad]

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WestJet respects the binding interim order in relation to Swoop

CALGARY, June 7, 2018 /CNW/ - Today, the arbitrator presiding over the arbitration between WestJet, an Alberta Partnership ("WestJet") and Swoop Inc. ("Swoop") and the Air Line Pilot Association, International ("ALPA") issued a binding interim order regarding Swoop.

The binding interim order, issued June 7, 2018 at 6:00 p.m. directs, among other things, that existing Swoop pilots will remain in their current positions until directed otherwise by the arbitrator, and that WestJet pilots can now fly Swoop aircraft at Swoop terms and conditions. The interim order further directs that ALPA, WestJet and Swoop will make a joint application to the Canada Industrial Relations Board (CIRB) requesting the Board to amend ALPA's bargaining certificate to recognize ALPA as the bargaining agent for pilots of Swoop in addition to the pilots of WestJet by September 1, 2018. The arbitrator has further directed that additional hearing dates are required through the summer and into September to properly address all outstanding issues.

"We recognize and respect the interim order which is in line with the WestJet Group's original direction that WestJet pilots should have the ability to operate Swoop aircraft," said Ed Sims, President and CEO of the WestJet Group of Companies.

Steven Greenway, Swoop President commented, "The order allows us to redouble our efforts and focus our attention on the rapidly approaching launch of Swoop on June 20, 2018 from Hamilton."

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[Super 80]

Well that is going to be uncomfortable for the foaming at the mouth ALPA radicals who were calling for reprisals against their new union brothers.

[GTFA]

And where will the WestJet Encore pilots fit into all of this?

[Guest]

25 minutes ago, GTFA said:

And where will the WestJet Encore pilots fit into all of this?

Since ALPA represents them, I imagine they will do as well as the other WestJet pilots.

[GTFA]

Yet Encore is a different bargaining unit. Please tell me I am wrong and that the Encore pilots will have equal access to all WestJet flying. Please tell me that the Encore pilots will always have access to ANY other WestJet flying before and ahead of any of the SWOOP pilots being magically turned into WestJet pilots. Please tell me our industry is not going down this road of inequity and unjustified entitlement . . . again.

[Super 80]

I am reasonably sure that attrition within WestJet's ranks as first officers move to Air Canada for a better path to an upgrade will render the fate of the Swoop first officers relatively moot as there will be opportunities for everyone Swoop, Encore and OTS.

The real issue is the Swoop DECs, they're going to be a problem for both WestJet and the ALPA is they're unhappy where they end-up because they can sue WestJet and the ALPA is now obligated to fairly represent them - and I am not sure they could resist the temptation to **bleep** with them in which case they will immediately run the Industrial Relations Board.

[dagger]

1 hour ago, Super 80 said:

I am reasonably sure that attrition within WestJet's ranks as first officers move to Air Canada for a better path to an upgrade will render the fate of the Swoop first officers relatively moot as there will be opportunities for everyone Swoop, Encore and OTS.

The real issue is the Swoop DECs, they're going to be a problem for both WestJet and the ALPA is they're unhappy where they end-up because they can sue WestJet and the ALPA is now obligated to fairly represent them - and I am not sure they could resist the temptation to **bleep** with them in which case they will immediately run the Industrial Relations Board.

My recollection of labour law is fading, but if I recall correctly, the Swoop pilots as ALPA members can file a grievance under the future collective agreement, but they can't sue the airline. This is a bit of a nebulous situation at the current moment because there is no collective agreement yet, so I can't say whether an individual Swoop pilot could resign and sue as an individual.

[Super 80]

The Swoop DEC isn't going to hang around at the bottom of the list as a first officer and file a grievance through a union that considers them a scab, they will quit and sue on the grounds they were lured from their previous employment for a position that doesn't exist and a whole bunch of other legal arguments depending on their personal situation at the time they were hired and what they were told or promised during the hiring process. I don't see how anyone could argue that a pre-employment dispute of that nature is covered by any grievance process anywhere - especially when the union in question is as much (or even greater) an adversary to the affected pilots as the company would be in that situation. In any event the ALPA won't be the bargaining agent for Swoop until September.

The Swoop first officers will probably be perfectly happy to be at the bottom of the list at WestJet instead of Sky Regional or CargoJet and will keep their heads down until the hard feelings pass.

[Jumpy]

I don't think the DEC's will have much of a leg to stand on to sue given that they were hired in the midst of an unfair labour suit. If they end up BOTL it will be simply from a base bid not unlike any other base bid which has displaced pilots at any other airline. If they were to be dismissed outright I think they'd have a better chance of going through a grievance process. Right now they are being "used" simply to ensure a successful startup and shouldn't take that to mean their services as DEC's are secure going forward.

[Tango Niner]

They were awarded spots on the WJ pilot dept list based on date of hire at Swoop - which is (almost) BOTL.

[Zan Vetter]

As if 9 DECs hired in the middle of a union bust could stand there and play dumb.

[J.O.]

True, but if they have a written agreement with Swoop, it's the company's problem that they are no longer in a position to fulfill their end of the bargain. Each party is responsible for verifying that they can comply with the contract stipulations and at the time, the pilots did nothing wrong because there was no ruling on the status of the Swoop pilots.

[blues deville]

Life going forward forever branded as a “Swoopie” and not a “Swooper” could be tough. Pilots seem to keep that kind of employment information better memorized than a/c limitations. 

[MD2]

11 hours ago, blues deville said:

Life going forward forever branded as a “Swoopie” and not a “Swooper” could be tough. Pilots seem to keep that kind of employment information better memorized than a/c limitations. 

Nah, you worry too much! All sides have agreed to arbitration. And for future credibility, WestJet legal will be watching very closely to quench any zealotry.