May 24, 2018 – More Labour Turbulence as UNIFOR Votes for Strike Action at Flair

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Members at Flair Airlines Have Spoken

 

DECISIONS

  • Judicial Review – Regulations – Canadian Union of Public Employees v. Canada (Attorney General), 2018 FC 518
    CUPE challenge of new Regulations stating how many flight attendants are required on passenger airplanes in proportion to passenger seats – CUPE alleged that Regulations were contrary to basic norms of procedural fairness and breached CUPE’s legitimate expectation to be meaningfully consulted – CUPE had the opportunity to participate in focused consultations regarding the challenged regulations and its input was acknowledged – No duty of procedural fairness owed by the Governor in Council in exercising its authority to promulgate Regulations – Dismissed
  • CLC Complaint – Unjust Dismissal – Richard and North Cariboo Air Ltd., Re,  2018 CarswellNat 2133
    Captain failed Pilot Proficiency Check (PPC) for Dash-8 aircraft, remedial training provided along with retesting twice, was warned if failed three times pilot would be terminated – Terminated when failed PPC third time – Complainant alleged that dismissal was unjust as Transport Canada (TC) invalidated one of the PPCs that he failed – TCs invalidation of PPC not sustainable to create unjust dismissal; testing and training was conducted to and based upon industry standards – Employer demonstrated that its termination decision was objective and fair, pilot was simply not qualified to fly – Complaint dismissed

 

CANADIAN TRANSPORTATION AGENCY DECISIONS

  • Application – Premier Air Charters, Inc. c.o.b as Premier Air of Ronkonkoma, New York, United States of America Determination No. A-2018-106
    Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and subsection 74(1) of the Air Transportation Regulations, SOR/88-58, as amended.
  • Application – Transportes Aéreos, S.A c.o.b as Hi Fly, on behalf of itself and Sata Internacional – Azores Airlines, S.A. Determination No. A-2018-107
    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.
  • Application – XOJet, Inc.Order No. 2018-A-85
    Exemption from section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended.
  • Application – PAL Aerospace Ltd. c.o.b as Provincial Aerospace and as PAL Aerospace Order No. 2018-A-84
    Exemptions from paragraphs 33.1(b) and 73(2)(c) and sections 33.2 and 103.3 of the Air Transportation Regulations, SOR/88-58, as amended.
  • Application – Hong Kong Airlines Limited  Determination No. A-2018-111
    Pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended.
  • Application – Middle East Airlines Airliban S.A.L Determination No. A-2018-109
    Pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended.
  • Application – Jet Exchange Limited  Order No. 2018-A-87
    Exemptions from paragraph 33.1(b), subparagraph 73(2)(c)(i) and section 33.2 of the Air Transportation Regulations, SOR/88-58, as amended.
  • Application – International Jet Management GmbH – Determination No. A-2018-110
    Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended.
  • Application – SC Aviation, Inc. Order No. 2018-A-86
    Exemption from 103.3 of the Air Transportation Regulations, SOR/88-58, as amended

 

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