Thank your ACPA reps for THIS

[mbav8r]

Agency Rulings

Decision No. 245-A-2011
July 6, 2011

APPLICATION by Air Canada carrying on business as Air Canada Express, on behalf of itself and ExpressJet Airlines, Inc. carrying on business as Continental Express, ExpressJet Corporate Aviation and United Express, for an approval pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended.

File No. M4835-2-65

Air Canada carrying on business as Air Canada Express (Air Canada), on behalf of itself and ExpressJet Airlines, Inc. carrying on business as Continental Express, ExpressJet Corporate Aviation and United Express (ExpressJet), has applied to the Canadian Transportation Agency (Agency) for an approval to permit Air Canada to provide its scheduled international service between Canada and the United States of America by selling transportation in its own name on flights operated by ExpressJet, for an indefinite period.

As the application was filed less than 45 days before the first planned flight, as required by subsection 8.2(2) of the Air Transportation Regulations (ATR), an exemption from the application of this provision is necessary. The Agency finds that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, the Agency, pursuant to paragraph 80(l)(c) of the Canada Transportation Act (CTA), exempts Air Canada from the application of subsection 8.2(2) of the ATR.

Air Canada is licensed to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the United States of America signed on March 12, 2007 (Agreement).

The Agency has considered the application and the material in support and is satisfied that it meets the remaining requirements of section 8.2 of the ATR.

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, approves the use by Air Canada of aircraft and flight crew provided by ExpressJet, and the provision by ExpressJet of such aircraft and flight crew to Air Canada, to permit Air Canada to provide its scheduled international service on licensed routes between Canada and the United States of America by selling transportation in its own name on flights operated by ExpressJet, for an indefinite period from the date of this Decision.

This approval is subject to the following conditions:



Air Canada shall continue to hold the valid licence authority.
Air Canada shall apply its published tariffs, in effect, to the carriage of its traffic. Nothing in any commercial agreement between the air carriers relating to limits of liability shall diminish the rights of passengers as stated in such tariffs.
The air service approved shall only be provided as long as a code-sharing agreement providing for such service remains in effect.
Air Canada and ExpressJet shall continue to comply with the insurance requirements set out in subsections 8.2(4), 8.2(5) and 8.2(6) of the ATR.
Air Canada shall continue to comply with the public disclosure requirements set out in section 8.5 of the ATR.
Air Canada and ExpressJet shall provide the Agency with a copy of any new agreement or amendments to their code-sharing agreement, including any new or amended annex, without delay.
This approval does not apply to the carriage of cargo.

[Norwegianwood]

Bat count 0 ZERO NADA ZILCH in all attempts in court

As the song goes, "when will they EVER learn".....................

[tailgunner]

Mbav8r,
Are you seriously blaming ACPA for this? Really? You have to really start looking past your petty hate on for AC. It is getting old and quite transparent.

[onspeed]

Doesn't acpa have some sort of clause that states who does Air Canada's flying? I think that's what Mbav8r was getting at. Either way, a bad day in Canadian Aviation for sure if this actually happens.

[ZBBYLW]

This is VERY dangerous to EVERYONE that works in this industry. In fact it is Bull Sh!t! We as Canadian Pilots CAN NOT let this happen. If we do - it is the continuation of the end.

F*ck everything about this.

[KAG]

Looks like air Canada is going to get the LCC benifits one way or another.

[126.75]

What ever happened to the scope clause? I don't believe this should be allowed, should it not?

[altiplano]

American pilots flying routes for Canada's "flag carrier"... I wonder how much those guys make... dark days ahead...

[teacher]

Keep in mind that many US carriers also fly aircraft bigger than your run of the mill CRJ.

These folks make 1/2 what we do with little or no pension or benefits. Not to mention that some US regionals are affiliated with schools and have their new hires cover the cost of training.

[tailgunner]

126.75,
Scope clauses are always being challenged. ACPA tried to hold the company to the written clause of 15 crj 705/900 after Jazz wrote off one old rj a few years ago. 15 is what is written in the contract in black and white.AC and Jazz took ACPA to an arbitrator over it. Despite it being in the contract and agreed to by both parties the arbitrator sided with Jazz/AC ! Jazz now has 16 long rjs

[126.75]

TailGunner,

I guess if AC wanted expressjet to operate as many CRJ200s or Q400s then that is ok? I know there was language against anyone but Jazz doing the flying but that was changed for SkyRegional. Perhaps SkyReginal was just a cover by CR to open up the contract for this. I would not put it by him. I guess my question is - Does ACPA or any of Air Canada's unions have any ability to stop this? Or are we all along for the ride at this point?

[bcflyer]

Just to clarify our contract was NOT changed to allow Sky Regional to operate. It is still against the scope clause in our current CA. The proposed TA allowed it but once that was voted down it became null and void. There is currently a grievance filed against AC about this very issue. Until some judge or goverment official has the balls to uphold our contract, we are likely to get screwed again.

[yyz monkey]

Keep in mind that many US carriers also fly aircraft bigger than your run of the mill CRJ.

However, in this instance, ExpressJet operates only the Embraer ERJ-145 and ERJ-145XR.

[teacher]

Keep in mind that many US carriers also fly aircraft bigger than your run of the mill CRJ.

However, in this instance, ExpressJet operates only the Embraer ERJ-145 and ERJ-145XR.

True, but once the door is opened...........

[Takeoff OK]

Isn't this just codesharing (not giving away flying) like already happens with AC and UAL? Some of the UAL codeshare flights have been flown by the likes of Shuttle America, Gojet and Trans States for a long time (for example: from YYZ to ORD AC4608 is Shuttle America and AC4990 is Gojet). Since CAL is now UAL, it would make sense that Xjet would now need to be entered into the family.

Am I missing something here?

[corytrevor]

Looks like they are getting ready to mitigate the effects of a pilot strike!?

[Dark Helmet]

From what I understand, this will allow Expressjet to operate as Air Canada Express on transborder routes. YYZ to CLE, EWR, IAH, and ORD would be some of the routes they would be taking over (that is where their bases are located).

Like Skyregional, this is another race to the bottom scheme on tier 2 flying for AC. In fact this is much much worse. At least with Skyregional, those jobs are being kept in Canada....

Oh BTW in case anyone is interested

http://www.airlinepilotcentral.com/airl ... ssjet.html

[teacher]

http://www.airlinepilotcentral.com/airl ... ssjet.html

Wow

[Takeoff OK]

http://www.airlinepilotcentral.com/airl ... ssjet.html

Wow

Yeah.

And Xjet's one of the better ones overall. Scary, isn't it?

[Flaps 1]

Can someone remind me again why ACPA even exists? Has it focused so much energy on stopping Jazz that it has forgotten everyone else?

[teacher]

Yeah.

And Xjet's one of the better ones overall. Scary, isn't it?

........and $1.80 per diem per hour!!??!?!??! Damn, per diems were one of the big gains we made at Jazz during this round of negots. Makes you sad to think that being paid a fair wage is considered unsustainable and poverty seems to be the only was to go to succeed in this business. Let us all remember that pilot wages make up something like 3% of the total costs of operating an aircraft.

[Nark]

Is your per diem calculated on duty hour or time away from base?

All the regionals down here are TAFB.

In the US we max out at $59 per diem. So $1.80 x 24= $43.20 is not that bad, considering.

But $24,000/ year to fly an RJ is shitty. No doubt about that.

[teacher]

It's based on what meals you work through and based on a set time. I believe it's around $80 or so a day, I'd have to look it up.

[mbav8r]

Mbav8r,
Are you seriously blaming ACPA for this? Really? You have to really start looking past your petty hate on for AC. It is getting old and quite transparent.

Tailgunner, Thank you for noticing, let me be clear about who I'm blaming. The reps who agreed to allow AC to ramp up Sky Regional, thinking that the "Hate on" for Jazz would be enough for this to pass. Once they opened the door, who do you think a judge will side with? The side who spent millions to get an operation going, or the ones who allowed it to happen. Permission to spool things up should have never happened, where's your bargaining capital now?
I don't believe CR would have violated your scope without someone's permission. Now it seems to be open season on your scope and we will all suffer the consequences.

[Franky Jr]

This looks like another Tier 2 operator with the AC Express logo on it. Much more serious than another code share partner.
Not Happy!