Labour fight between pilots, westjet heats up
A labour battle is brewing between WestJet Airlines Ltd. and the union representing its pilots over its ultra low-cost carrier Swoop — with both sides filing labour complaints and the union calling for fellow pilots’ unions to impose a so-called “recruitment ban” on the new carrier.
OnFriday, the Air Line Pilots Associations, International (ALPA) announced that it had filed an unfair labour practice complaint and an application for an interim order with the Canada Industrial Relations Board (CIRB), arguing that management violated several provisions of the Canada Labour Code. ALPA also requested government assistance for negotiations through conciliation.
According to ALPA, WestJet and WestJet Encore management violated labour laws by “directly negotiating with pilots instead of with the union over key terms and conditions of employment at Swoop,” as well as interfering with ALPA’s rights to represent its pilots and “changing and ignoring well-established pilot work rules and policies.”
The complaint comes after WestJet filed its own unfair labour practice complaint against ALPA with the CIRB. That complaint is now before the board, WestJet spokesperson Lauren Stewart confirmed this week.
Stewart said the company “will not be providing further comment about the complaint at this time.”
While the airline would not confirm the specifics of its complaint, the Financial Post has obtained a copy of ALPA’s response, which was circulated to members of the union and confirmed by Capt. Rob McFadyen, chairman of the WestJet unit of ALPA.
The document says “ALPA vehemently denies that it has violated section 50 of the (Canada Labour Code) in any manner, as alleged by WestJet.” Part of section 50 says that the bargaining agent and the employer “shall meet and commence ... to bargain collectively in good faith and make every reasonable effort to enter into a collective agreement.”
ALPA’s response also indicates that it made a request to The International Federation of Air Lines Pilots’ Association (IFALPA) on Dec. 19, 2017, requesting that the global organization “issue a ‘recruitment ban’ to its member associations in respect of Swoop.”
The ALPA response, however, appears to play down the significance of such a ban.
“A recruitment ban is a symbolic statement of solidarity among IFALPA member associations. Its purpose is to show support for a particular member association,” the ALPA document says.
“Under IFALPA’s Constitution, a recruitment ban has no legal bearing on the member associations or their pilots; it is merely a recommendation that the member associations show solidarity with the association at issue.”
IFALPA itself says that any member involved in “an industrial dispute” can request the group to “issue a recommendation to their pilot members and to other pilots, not to apply for posts with, nor accept assignments to, that Company and take appropriate steps to notify pilots.”
Earlier this week, WestJet’s chief executive Gregg Saretsky said on a conference call with analysts that the company hoped to recruit pilots from its mainline and Encore services, but that it would hire externally if necessary.
“I will say, first and foremost, that it is Swoop’s preference to hire as many pilots from WestJet and WestJet Encore as are interested in the career advancement opportunities that Swoop provides,” Saretsky said.