Arbitration on Retroactive Payments & Decision -District 140 Bulletin #77

TO ALL MEMBERS OF THE IAMAW WORKING FOR AIR CANADA / TMOS

Arbitration on Retroactive Payments

Dear Brothers and Sisters,

Please be advised of the following decision regarding the above mentioned subject.

In solidarity,

Boyd Richardson
General Chairperson, Central Region

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Bulletin #77

ISSUED AUGUST 8, 2012
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IN THE MATTER OF AN ARBITRATION

BETWEEN:

MARTIN TEPLITSKY, Q.C.

Arbitrator

APPEARANCES:

AIR CANADA

– and-

IAMAW

On behalf of Air Canada: John Beveridge

On behalf of IAMAW: Boyd Richardson

Hearing held August 2, 2012

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The Union grieves that the employer has unreasonably delayed implementation of some monetary aspects of Arbitrator Picher’s award. It submits that interest should be calculated and paid.

This matter was referred to me by Arbitrator Picher after he decided that this issue fell within my jurisdiction.

The award does not provide specific dates for implementation. Accordingly, one must imply a term in this respect. The appropriate term is payment as soon as reasonably practicable.

The Union adduced no evidence to assist me in this fact specific inquiry. In its view, one can recognize excessive delay when one sees it.

In my judgment, considering the number of employees in the bargaining unit and the variety of issues to be implemented, I cannot simply pick a date out of the air.

Fortunately, some guidance is found in the recent implementation of new Collective Agreements with CAW and CUPE. The time lapse varied between 8 and 12 weeks.

Air Canada proposes to make the retroactive and lump sum payments by the end of August, 2012. In my view, this is well within previous implementation time frames.

What remains is payment for the lunch break which until the end of December, 2012 is 15 minutes and thereafter, 30 minutes. The employer proposes to pay 30 minutes commencing September 16,2012 which is the mid-point between the date this benefit begins and December 31, 2012. In this way, a retroactive payment will not be required. I am satisfied that this is a sensible implementation decision.

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Accordingly, so long as the employer meets this schedule, implementation will have been effected s soon as reasonably practicable. I remain seized should any difficulties arise.

DATED the 3rd day of August, 2012.

MARTIN TEPLITSKY, Q.C.
Arbitrator

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