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As changes to the Canada Labour Code are set to kick in next week, WestJet is asking Ottawa for exemptions that would deny pilots, crew members and other employees certain new entitlements.
In June, the federal government set Sept. 1 as the start date for a series of amendments to labour standards in federally regulated workplaces.
The changes affect rules surrounding overtime refusal, rest periods and breaks, advance notice of schedule and shift changes, personal leave, vacation entitlements and more.
But in a letter to the federal government dated Aug. 14, WestJet, along with low-cost carrier Swoop and regional airline WestJet Encore, requested exemptions to three of the updated provisions.
WestJet is seeking exemptions to changes that would give workers the right to written notice 24 hours before a shift change, the right to refuse overtime to carry out family responsibilities and a mandated 30-minute break within every five hours of work.
If the airline’s application is successful, all three exemptions would apply to airline pilots, flight attendants, flight operations personnel and aircraft maintenance employees.
Exemptions to the shift change notice and overtime refusal amendments would also apply to airport employees, like customer and baggage service workers.
WestJet added it is in the process of altering its policies to better align with the upcoming changes.
“WestJet nevertheless seeks exemptions to a select few of these amendments,” stated the letter, which was addressed to Danijela Hong of Employment and Social Development Canada.
The company argued some of those Labour Code changes are “entirely impractical” to employees like pilots and cabin crew, with shift changes on short notice often necessary to ensure passengers aren’t stranded and WestJet employees are able to return to their home base.
“WestJet is obliged to provide constant, round the clock care to its passengers during flights of any duration,” making mandated rest periods and meal breaks for flight attendants “impractical and unworkable,” the airline stated.
It added flight disruptions can happen due to weather or other “acts of God,” aircraft servicing and facility constraints, staffing shortfalls and aircraft equipment changes. Those “unavoidable” aspects of WestJet’s business sometimes require necessary shift changes for airport employees, according to the company.
But Chris Rauenbusch, president of CUPE 4070, which represents WestJet cabin crew members, said “blanket exemptions” are not the way to go.
“We agree and we recognize that our work environment is different than most workplaces. These seem to generally be written for sort of office, or factory-type of settings,” he said.
“However … the intent of the government was to improve working conditions and rights for workers. Although our industry is different, it shouldn’t grant automatic immunity to these organizations from providing some increases in worker rights.”
The National Airlines Council of Canada, which counts Air Canada, Air Transat, Jazz and WestJet as members, has also expressed concern about the incoming changes.
In an Aug. 19 letter to Employment Minister Patty Hajdu, the association, which advocates for air carriers on regulatory and policy-related matters, predicted the new rules would contribute to flight delays and cancellations.
“For this reason, we strongly urge you to delay the implementation of these provisions until such a time as either 1) appropriate adjustments are made to the framework to address the misalignment with other related federal regulations, or 2) the exemption process provided can be executed in a proper manner,” wrote NACC president and CEO Massimo Bergamini.
Canadian Aviation News 