Bargaining Learning Series: Step 2 – Notice to Bargain
Dear Members,
As of yesterday, September 16th, your WestJet Mainline Bargaining Committee has officially served WestJet with our Notice to Bargain. This is an exciting and pivotal step in the bargaining process!
You will notice that our email headers have changed from Yellow (Preparations Stage) to Green (Active Negotiations stage). Depending on the nature of the communication during the Bargaining Process you will see the colours change indicating the nature of the communication to keep you informed.
What Does “Notice to Bargain” Mean?
When the Collective Agreement is approaching expiry, the first legal step is called the “Notice to Bargain”. This is when the Union or the Company can serve Notice which formally starts the negotiations process as per the Canada Labour Code. This timeline is outlined in Section 52 of our Collective Agreement.
When does Notice to Bargain get served?
Up to 120 days before the agreement expires, either the Union or the Employer can formally serve notice.
The Union served the Company Notice to Bargain on September 16th immediately following the conclusion of our Town Halls in all Permanent Bases.
When will the Union first meet with the Company?
Once notice is served, both sides are legally required to meet within 20 days and bargain in good faith under the Canada Labour Code. This means honest discussions and genuine efforts to reach a deal.
Our first meeting with the Company will occur on September 22nd with multiple dates agreed to in September and October so far.
Why does it matter?
This is the first step in the bargaining process as governed by the Canada Labour Code. It starts the entire process that leads to either a tentative agreement, mediation or job action.
The Union committed to negotiating in good faith as ultimately the best contracts are reached at the bargaining table.
What order are items negotiated in?
Proposals are discussed in sequence, starting with non-monetary language before moving into monetary items.
Monetary proposals are anything that has a cost associated with them (ex. Per diems, vacation days, and wages).
How long will bargaining take to get a new contract?
The duration of bargaining varies depending on the number of proposals, how complex they are, and the availability of both sides to meet. It’s important to note it is not uncommon for bargaining to continue past the expiry of a collective agreement. The current agreement remains in force until either a tentative deal is reached, or the parties reach an impasse and move to the next legal steps.
Does Our Current Agreement Still Apply After Notice to Bargain?
Yes. All wages, benefits, scheduling rules, compensation, and protections in our current Collective Agreement remain in effect until a new agreement is reached or we enter job action (a strike or lockout). This is because of the “statutory freeze” under the Canada Labour Code, Section 50(1), which states:
“Where notice to bargain collectively has been given, the employer shall not, except with the consent of the trade union, alter the rates of wages or any other term or condition of employment of the employees in the bargaining unit.”
The statutory freeze lasts until: A new agreement is ratified by members; or the Union and Company reach the end of the legal bargaining process and job action (strike/lockout) is possible.
This protection ensures the Company cannot pressure workers by making sudden changes while bargaining is underway.
Visit our Mainline Bargaining for the latest updates as we begin our negotiations for CA2! Next week we will also be launching a Negotiations Tracker so you can see the progress being made towards reaching a tentative agreement.
In Unity,
WestJet Bargaining Committee
Alia Hussain - President
Bryan Hansraj - WestJet Unit VP
Jean-Francois Laframboise - YVR/YEG Rep
Shane Campbell - YYC Rep
Justin Patterson - YYZ Rep
Cailey Millard - YWG/YUL Rep
Alex Grigoriev - Local Executive (Alternate)
Cameron Jones - Local Executive (Alternate)