Labour battle between WestJet, pilots heating up
Union calls for recruitment ban on Swoop
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.
On Friday, 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 A L PA , 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.”
T he 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, 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.”
On Dec. 19, the group posted a letter on its website saying ALPA was requesting “a total recruitment ban on Swoop Airlines, a wholly owned subsidiary of WestJet Airlines.”
“The WestJet pilots are in contract negotiations to obtain their first Collective Agreement (with) the airline,” wrote IFALPA’s executive vice- president of pro- fessional and government affairs Jack Netskar in a letter addressed to all member associations, its executive board, PGA committee members and IFALPA staff.
“Management is attempting to undermine those negotiations by starting an ultra low- cost carrier using aircraft currently flown by WestJet pilots and transferring those aircrafts to Swoop Airlines, where they would be flown by non-union pilots at a much lower compensation than WestJet pilots,” Netskar wrote.
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.
McFadyen s aid in an interview Friday that there are many significant issues that WestJet and ALPA remain far apart on in negotiations, which is part of the reason the group filed for conciliation.
“We need to get to the table and negotiate a good deal, one that reflects the value of the WestJet pilots and one that ensures that WestJet pilots are doing the WestJet flying,” he said.
According to another letter obtained by Financial Post, Air Canada’s pilots union has come out in support of the proposed recruitment ban on Swoop pilots.
“The possibility of Swoop becoming established as envisioned by WestJet represents a destabilizing force in the Canadian aviation industry,” reads the letter, signed by Air Canada Pilots Association’s ( ACPA) council chair Kevin Vaillant.
“As fellow pilots and professionals, and in support of our WestJet colleagues across Canada, we support your request that pilots hired at Swoop be ineligible for employment at Air Canada, and have communicated this position to both our membership and Air Canada’s management team.”
A spokesperson for ACPA said that this is matter between ALPA and WestJet and that it would not be commenting on the issue.