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The articles listed below are intended to provide readers with general information. They should not be regarded or relied upon as legal advice or opinion.

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December 7, 2019 – Unfair labour practice against union

December 7, 2019

TOP STORY Unfair labour practice: Abdo – 2019 CIRB 897   CTA DECISIONS Application – Sunwing Airlines Inc. and TUI Airways Limited c-o-b as TUI – Determination No. A-2019-234 Pursuant to section 60 of the Canada Transportation Act and section 8.2 of the Air Transportation Regulations Application – Sunwing Airlines Inc. and TUI Airways Limited c-o-b as TUI – Determination No. A-2019-231 Pursuant to section 60 of the Canada Transportation Act and section 8.2 of the Air Transportation Regulations Suspension – XOJET Aviation LLC – Order No. 2019-A-192 Licence no. 060084 Suspension – Avion Jet Charter LLC c-o-b as Golden State Jet, LLC – Order No. 2019-A-191 Licence no. 140024 Suspension – Air Greenland A/S – Order No. 2019-A-190 Licence no. 977290   TC/TSB NEWS Canadian…

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November 30, 2019 – Aviation labour lawyer Steve Williams honoured at HAC convention

November 30, 2019

TOP STORY Steven Williams of Emond Harnden LLP receives an honorary life member award   CTA DECISIONS Application – Cargojet Airways Ltd also c-o-b as Cargojet Regional (Cargojet), on behalf of itself and 21 Air, LLC – Determination No. A-2019-220 Pursuant to section 60 of the Canada Transportation Act and section 8.2 of the Air Transportation Regulations Application – Sunwing Airlines Inc. and Smartwings, a.s. – Determination No. A-2019-219 Pursuant to section 60 of the Canada Transportation Act and section 8.2 of the Air Transportation Regulations Application – Mjet Gmbh – Determination A-2019-218 Pursuant to subsection 73(2) of the Canada Transportation Act Application – Aer Lingus Limited, on behalf of itself and ASL Airlines (Ireland) Limited – Determination No. A-2019-217…

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November 28, 2019 – Student’s expulsion for alleged sexual assault quashed on appeal

November 28, 2019

TS v Dufferin-Peel Catholic District School Board, 2019 CFSRB 61 The School Board’s decision to expel the Appellant, a student who allegedly committed sexual assault on another student at school, was quashed on appeal by the Child and Family Services Review Board (CFSRB). The CFSRB determined that the School Board had not established that the student was sexually assaulted by the Appellant and found that there was no basis to expel the student.   CRIMINAL LAW R v McAnally, 2019 ONSC 6028 A teacher charged with electronic transmission of child pornography, sexual touching and sexual assault involving students is found not guilty.  …

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November 23, 2019 – Pay for travel time remains the same: arbitrator

November 23, 2019

TOP STORY Travel time – OPEIU and Ornge Air (005-RWP-15) – 2019 CarswellOnt 18593 (ON LA)   CTA DECISIONS Application – Türk Hava Yollari Anonim Ortakligi (Turkish Airlines Inc.) c-o-b as Turkish Airlines, on behalf of itself and Kalitta Air, LLC – Determination No. A-2019-215 Pursuant to section 60 of the Canada Transportation Act and section 8.2 of the Air Transportation Regulations Application – ASL Airlines Belgium S.A., on behalf of itself and Flugfelagid Atlanta ehf c-o-b as Air Atlanta Icelandic – Determination No. A-2019-214 Pursuant to section 60 of the Canada Transportation Act and section 8.2 of the Air Transportation Regulations Application – Air Transat A.T. Inc. c-o-b as Air Transat and Smartwings, a.s. – Determination No. A-2019-213 Pursuant to…

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November 16, 2019 – Calls for federal cabinet changes; response to aviation pressures

November 16, 2019

TOP STORY Canada’s aerospace industry calls for changes to the federal ministry   CTA DECISIONS Application – Sunwing Airlines Inc. and TUI Airways Limited c-o-b as TUI – Determination No. A-2019-205 Pursuant to section 60 of the Canada Transportation Act and section 8.2 of the Air Transportation Regulations Application – UAB “GetJet Airlines” – Determination No. A-2019-201 Pursuant to subsection 73(2) of the Canada Transportation Act Suspension – M & M Aviation Services, Ltd. – Determination No. A-2019-202 Licence no. 180066 Suspension – Silverhawk Aviation, Inc. c-o-b as Sivlerhawk Aviation – Order No. 2019-A-177 Licence no. 120098, reinstated effective November 12, 2019 Suspension – Elliott Aviation Flight Services, Inc. c-o-b as Elliott Aviation – Order No. 2019-A-176 Licence no. 967425  …

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Ontario caps compensation increases for public servants and the broader public sector

November 13, 2019

Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (the “Act”), received Royal Assent on November 7, 2019, and was proclaimed in force on November 8, 2019. Readers of Focus will recall that the legislation operates to limit compensation increases for both unionized and non-unionized employees in the Ontario public service and the broader public sector (see Ontario introduces legislation to limit compensation increases in the public sector). As can be expected, the legislation has come under heavy fire with unions representing impacted employees gearing up for constitutional challenges.   Application of Bill 124 Bill 124…

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November 9, 2019 – Federal Challenger jets imperilled by US and European regulation

November 9, 2019

TOP STORY Air-traffic control changes in U.S., Europe may force Ottawa to buy new executive jets   DECISIONS Vacation pay reconciliation – Porter Airlines v Unifor 2002 – 2019 CanLII 104233 Union grieved employer deductions from employees – alleged improper deductions to previous year’s pay – Porter replied that deductions were agreed at bargaining and included in agreement – at bargaining, Porter claimed parties agreed to retroactivity at the bargaining table – grievance denied – memorandum of settlement enacting collective agreements made changes effective on ratification date, not before Judicial review – Saudi Arabian Airlines Corp. v Canada (Transportation Appeal Tribunal) – 2019 FC 1378 Pilot…

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November 2, 2019 – Emond Harnden launches updated White Paper on the impairing effects of cannabis

November 2, 2019

TOP STORY Emond Harnden launches updated White Paper on the impairing effects of cannabis – White Paper 2019   DECISIONS Union certification – Canadian Airport Workers Union v IAMAW – 2019 FCA 263 Two unions wish to represent Toronto-area airports – Canadian Airport Workers Union (“CAWU”) was displaced by IAMAW – CAWU sought to re-displace IAMAW – Canada Industrial Relations Board denied displacement application – CAWU’s reliability of membership evidence was insufficient – judicial review denied – Board uniquely qualified to adjudicate; decision reasonable   CIRB DECISIONS Exclusions – Greater Moncton International Airport Authority Inc. – Order No. 11456-U Joint application – employer and PSAC – exclusion…

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October 31, 2019 – Arbitrator upholds without pay suspension of teacher who remained silent when faced with allegations of inappropriate conduct with students

October 31, 2019

Ontario English Catholic Teachers’ Association v Brant Haldimand Norfolk Catholic District School Board, 2019 CanLII 95001 (ON LA) An arbitrator upheld the three-month suspension without pay of a teacher who refused to answer questions during an investigation pertaining to his inappropriate conduct with two students. The teacher chose to exercise his right to remain silent in response to his employer’s inquiries in light of the fact that he was potentially facing criminal charges.   LABOUR RELATIONS Elementary Teachers’ Federation of Ontario v Bluewater District School Board, 2019 CanLII 90975 (ON LA) An arbitrator upheld the School Board’s position that its kindergarten class…

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Limitations on specifically bargained benefits can exist outside of the express terms of the collective agreement

October 30, 2019

A recent arbitration decision confirms that there can be external limitations on collectively bargained benefits coverage. In Ottawa Professional Firefighters’ Association and The City of Ottawa (September 2019), Arbitrator Brian Keller determined that the collective agreement in question did not provide an all-encompassing, comprehensive benefit plan. Instead, he agreed with the employer’s position that standard limitations and conditions set out in external documents, such as the master contract with the insurance carrier, may be valid if employees are not deprived of the benefit negotiated in the collective agreement. It is noteworthy that the employer in this arbitration was expertly and…

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October 26, 2019 – Automation, like fire, is a great slave, but a bad master

October 26, 2019

TOP STORY The issue of automation in aviation   DECISIONS Contract, preliminary injunction – Flair Airlines Ltd. v Kelowna Flightcraft Air Charter Ltd. – 2019 BCSC 1815 Flair Airlines sought order restraining Kelowna from terminating dispatch services contract – pending outcome of full trial – dispatch services essential part of operations – required by Transport Canada – contract had no formal end date – contract had three-month notice provision – Flair failed to pay amounts under contract – Kelowna claimed amounts and gave notice – injunction granted – termination notice appeared defective (at first glance) – Flair would quickly go out of business…

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October 19, 2019 – Boeing announces 10 steps to strengthen safety, consumer confidence

October 19, 2019

TOP STORY New steps to strengthen airplane safety   DECISIONS Employee share ownership plan – Air Canada and ACPA – 2019 CanLII 93905 (CA LA) Union grieves steady reduction of employee share ownership plan – employer matched 50% of employee contributions to purchase shares of employer’s stock – employer unilaterally reduced matching contribution to 33% — employer entitled to do so – plan was incorporated into agreement separate from collective agreement – for a right to vest in union, plan must be incorporated into collective agreement   CIRB DECISIONS Transfer of certificate – El Al Israel Airlines Ltd. – Order No. 11452-U USW and CUPE agree…

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Voting time: Employers’ obligations on Election Day

October 16, 2019

The federal election has been called for October 21, 2019. Employers should be aware that, under the Canada Elections Act, they must provide employees paid time off to vote.   Three consecutive hours to vote All employees who are Canadian citizens and 18 years of age or older are entitled to have three consecutive hours off on Election Day to vote. Voting hours in the Eastern time zone are from 9:30 a.m. to 9:30 p.m. If an employee’s hours of work do not allow for three consecutive hours off within this period, the employer must give them sufficient time off…

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October 12, 2019 – Air Passenger protections inadequate, according to some passengers

October 12, 2019

TOP STORY ‘A slap in the face’: little-known rule says airline can keep your money without delivering what you pay for   CIRB DECISIONS Certification – A.S.P. Incorporated – Order No. 11448-U Application by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union – majority vote in favour of union – certificate issued for following bargaining unit: all employees of A.S.P. Incorporated working at the Greater Sudbury Airport, excluding supervisors and those above the rank of supervisor.   CTA DECISIONS Application – Eva Airways Corporation, on behalf of itself and Thai Airways International Public Company Limited – Determination No. A-2019-180…

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October 5, 2019 – NTSB releases recommendations related to 737 Max crashes

October 5, 2019

TOP STORY NTSB issues recommendations to FAA related to ongoing 737 MAX crash investigations   CIRB DECISIONS Certification – Envoy Air Inc. – Order No. 11447-U International Association of Machinists and Aerospace Workers applied for certification – employer did not oppose certification – Board certified following bargaining unit: all ramp agents, lead ramp agents and crew chiefs employed by Envoy Air Inc. at the Vancouver International Airport, excluding supervisors and those above the rank of supervisor.   CTA DECISIONS Application – Sunwing Airlines Inc., on behalf of itself and GetJet Airlines UAB – Determination No. A-2019-173 Pursuant to section 60 of the Canada Transportation Act and section 8.2 of the Air Transportation…

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