District Bulletin #36 Re: Ontario Superior Court Hearing

TO ALL IAMAW MEMBERS
WORKING AT AIR CANADA

Dear Brothers and Sisters:

On Wednesday, May 18, General Vice President Dave Ritchie, representatives from District 140 and several Local Lodges attended the Ontario Superior Court hearing in Toronto concerning the Union’s application under the Air Canada Public Participation Act (ACPPA).

During the Commercial Court hearing before Mr. Justice Newbould, there were no witnesses present or called to testify as the witnesses provided by all parties had already been cross examined and their affidavits reviewed. The entire day was spent on hearing legal arguments from all three parties, i.e., the IAMAW, Air Canada and Aveos.

For the most part, the hearing focused on our legal team’s presentation based on our opinion that Air Canada does not comply with the ACPPA as the company no longer controls Maintenance Repair and Overhaul facilities in Montreal, Mississauga or Winnipeg.

The lawyers from Air Canada and Aveos argued that the companies do comply with the Act as employees still perform line maintenance functions in all these three locations. For this reason, they contended, it should be considered that Air Canada does “maintain” personnel and facilities at these locations, as required under the ACPPA.

At the end of the hearing, Mr. Justice Newbould thanked all parties for their participation and our lawyers informed us that a court decision should be rendered before the transition date of July 14, 2011. We will publish this decision as soon as we receive it.

The IAMAW would like to thank all those members who spent many hours and worked hard in the preparation of the case before the Ontario Superior Court.

In solidarity,

Chuck Atkinson
President and Directing General Chairperson

CA:mcb

BULLETIN NO. 036 – ISSUED MAY 20, 2011
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