FlyingMonkey wrote: ↑Mon Mar 14, 2022 5:14 am
Killing the PTA doesn’t remove Encore pilots from their seniority shared with WJ and Swoop. The language in the PTA states that any member of the agreement can move to cancel it. However it also states that everyone presently on the “one list” will maintain the seniority number they have when/if it is cancelled. So everyone currently on it will be grandfathered in. The 500 plus Encore pilots will not lose their seniority simply because the PTA is cancelled, only new hires after the PTA is cancelled.
I haven't seen a seniority list for the WSW/WJA bargaining unit but it is described in our CBA as:
Pilot Seniority List (PSL/WPSL)
The PSL is the list of pilots who are employed by WestJet, and Swoop.
In the CBA, I can find no mention of Encore pilots having a position on the PSL. Therefore, I am unsure what you mean when you say "Encore pilots will not lose their seniority". With respect to the WSW/WJA bargaining unit, and I could be wrong, but I am not sure Encore pilots have any seniority to lose.
In the CBA, seniority is defined as:
Seniority
The position a pilot holds on the Pilot Seniority List (PSL/WPSL)
I wanted to add to this line of reasoning.
In the PTA, seniority isn't defined, but under the PTA section entitled
Seniority, this is written:
SENIORITY
2.01 A combined seniority list, known as the “Seniority List,” shall be created through the process provided for in Section 10, below. Once created, the Seniority List shall be used for transfers between Swoop and WestJet, and between Encore and Swoop or WestJet.
Note the differences in the descriptions of the respective lists.The PTA describes its list as a transfer list. The CBA describes its list as the list of pilots who are employed by WestJet, and Swoop. The CBA further describes seniority as being a place one holds on that list, the PSL.
Question: if you are terminated from Encore as a pilot, do you lose your position on the quote Seniority List unquote that is generated by the PTA?
The PTA makes no reference to this. If the PTA generated quote Seniority List unquote were a true seniority list, would it not provide for the removal of a pilot from the list in the event he were terminated?
In contrast, the WSW/WJA CBA says this:
LOSS OF SENIORITY STANDING
3-5.01. A Pilot shall lose their Seniority standing when:
a) They are dismissed, resign or retire;
.
.
.
Here is a
scenario:
A pilot was laid off at WestJet and exercised his/her PTA privileges and was hired at Encore where he/she was subsequently terminated from their employment. He/she expected to use his/her recall rights to WSW/WJA. WJA/WJA maintained that he/she was effectively terminated from the "group" of companies and effectively removed from the quote Seniority List unquote. ALPA rightfully grieved this and was successful.
The pilot retained his/her recall rights, his/her position on the quote Seniority List unquote and I maintain, his/her position on the WPSL/PSL. It is very likely that he/she lost his/her position on the Encore seniority list, should one be found.
After all of this, please tell me which seniority list will be given to the SWG Merger Committee if we end up merging with them.