Echo Hotel Aviation Law Briefings

UPGRADE YOUR AVIATION INDUSTRY KNOWLEDGE

WITH OUR ECHO HOTEL AVIATION NEWSLETTER 

This weekly briefing series outlines recent decisions and news that affect the aviation sector.

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 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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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 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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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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