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This week, Unifor filed an Unfair Labour Practice (ULP) with the Canada Industrial Relations Board (CIRB) against WestJet Airlines.
We know that we are now at a critical point in time where a positive working relationship between Sunwing pilots, WestJet pilots and WestJet management is going to be key to a successful integration. Rest assured, the decision for Unifor to file a ULP against WestJet Airlines was not arrived at lightly.
The case for the ULP has arisen from Unifor becoming aware of two concerning things. The first involves the fact that during the CIRB merger discussions and seniority arbitration, WestJet ALPA entered into a confidential arrangement with WestJet Airlines to have WestJet Airlines cover financial costs associated with the integration. We do not know the details of that agreement.
Both parties (the WJA MEC and Unifor) asked the Company to cover all merger costs. This is fairly common in large mergers. Before any agreement could be signed, the CIRB ruled that each individual party would cover their own financial costs. Unifor asserts that WestJet Airlines financially assisting specific parties while not financially assisting others means the Company was not taking a neutral stance in the proceedings and was instead favouring one group of employees over another.
This sense of favouritism extends to the second issue of concern being brought forward in the ULP. During seniority mediation, the subject of trainers was mostly kept out of the discussions since generally trainer selection is done on merit with large management discretion. At no time was the WestJet Airlines Pilot Training Manual (PTM) requirement that trainers serve one year at WestJet Airlines brought up. We have concerns as to when this restriction was introduced. This eliminates the possibility of our training pilots continuing their role as trainers at WestJet Airlines, regardless of their experience level, including ACPs, which is a Transport Canada designation and is transferrable between companies.
Unifor believes that this change was done to offer training positions currently held by Sunwing Airlines pilots to WestJet Airlines pilots in the majority of WestJet bases. The exception to this is YUL as the Gedalof Arbitration Award makes it extremely difficult for WestJet Airlines to place WestJet trainers in that base until after all protections expire. We believe steps are being taken by WestJet Airlines to allow a small number of Sunwing trainers to continue in their roles in YUL while the rest of our trainers will remain disadvantaged.
A legal brief outlining these allegations, as well as the legal arguments that demonstrate why they are evidence of a ULP, has now been filed with the CIRB. The next steps will likely involve a CIRB mediation between the parties and an opportunity to request and present evidence that could lead to a full hearing and ultimately a decision at the CIRB.
We will continue to keep our membership advised of any developments and know that despite this happening in the background, our pilots will continue to demonstrate our high level of professionalism as we all navigate this integration process.
We would also like to stress that while we object to the way WestJet handled things, this does not re-open the seniority arbitration. This is not a reflection of the other labour groups involved, but strictly a complaint regarding WestJet management's conduct during the process. While we do feel it is necessary to deal with the issue, we also want to remind everyone that the WestJet pilots had no part in this. We need to come together, even while we work out this issue.
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