Eastern Provincial Airways Ltd v National Amalgamated Local Union of Air Line Workers (UAW), Local 2213
Call-In, Open Flights, Classification System, Classes, Vacancies, Collective Agreement, Reserve
The issues revolve around the Company's handling of call-in staff to work 'open flights' - those flights that are scheduled each month after all employees have bid for their shifts for that time. The Union contends that the Employer's practice does not reflect the new classification system for flight attendants. Under the old Agreement the classification 'Flight Attendants In-Charge' was dependant on the flight assignment. The new assignment changed this to become a characteristic of a particular employee. Two separate classes were designed 'Flight Attendants' and 'Flight Attendant In-Charge'. The Employer must now fill vacancies on 'open flights' with an employee from the same classification even if it means calling someone in from a day off. The Employer maintains that it is only bound to call an employee from the same classification first. It can then turn to employees from the other classification who are on a scheduled reserve-day (all-in day). This interpretation would mean the necessity of less overtime and fewer In charge Flight Attendants. The Employer also contends that the Agreement binds it to call all employees on reserve first, before turning to other employees. Consequently, it is necessary to use employees from the other classification. Since those employees on reserve are paid regardless of whether they work, this interpretation is a much more efficient use of the Employer's human resources. The Union argues that the new system was agreed to and the Employer should be prepared to meet the extra demand to provide reserves in both classifications. The Employer's actions are inconsistent with the wording of the Agreement. The Employer claims management rights and the fact that assignment procedures had been firmly established in practice.
Eastern Provincial Airways Ltd v National Amalgamated Local Union of Air Line Workers (UAW), Local 2213 (1986), 1986 CanLII 6042, 2 CLAS 47 (Can LA) (Arbitrator: Innis Christie).