Canada Labour Code and full time status?

[the little guy]

A question for you legal types? Does having a "full time" job give an employee any rights with regard to guaranteed hours? Specifically, there is a float operator on the west coast that guarantees it's pilots 140 "scheduled" hours per month, but then cancels shifts the day before if the pilot's aren't needed. In effect pilot's are on call, without being payed for it. There is no guarantee of paid hours. Some of the pilots are getting pay cheques with only a couple days of work over two week periods where they had been scheduled to work eight to ten days. Is this legal? Because it certainly doesn't seem right.

the little guy

[Cat Driver]

that guarantees it's pilots 140 "scheduled" hours per month,

Is there anything in writing that states you will be paid for 140 hours per month, and if so at what rate per hour?

[the little guy]

Sadly there is not. The union contract only states how many hours are guaranteed to be scheduled. On the surface is seems great, but what it really means is that the company can over crew without it costing them anything, knowing they will cut shifts. It's also a mechanism to avoid paying overtime.

[Cat Driver]

In legal terms " Your fucked ".

[the little guy]

That's what I was afraid of. So really anybody with a fulltime job has no security unless you are on salary or work for a company with morals?

[FamilyGuy]

...

[Cat Driver]

That's what I was afraid of. So really anybody with a fulltime job has no security unless you are on salary or work for a company with morals?

Unfortunately that is the sad truth, believe me I sympathize with your position and with the way the economy is these days if you have a family to support you have very few options when it comes to changing jobs.

There are two more legal terms you should memorize.

(1 ) Fuckor.

(2) Fuckee.

You can take some satisfaction from being the fuckee in that decent people with morals will try and support and help you.

The fuckor on the other hand will be in deep trouble if said fuckor ever loses his hold on his victims.

[FamilyGuy]

....

[xsbank]

Just to point out that all aviation companies are 'governed' by federal law, not provincial.

Golden advice to see your union guy - like Cat says.

I think the polite term is "bargaining in bad faith."

[FamilyGuy]

...

[bronson]

I have always thought that the entire transportation industry was covered by the Federal Code. Not so?

[Pratt X 3]

Is the employer operating stations all across the country or only in one or two provinces? You made reference to the Canada Labour Code but that only applies to cross country companys and those listed as exemptions regardless.

Canada Labour Code

An Act to consolidate certain statutes respecting labour

INTERPRETATION

Definitions

2. In this Act,

"federal work, undertaking or business"
«entreprises fédérales »
"federal work, undertaking or business" means any work, undertaking or business that is within the legislative authority of Parliament, including, without restricting the generality of the foregoing,

(a) a work, undertaking or business operated or carried on for or in connection with navigation and shipping, whether inland or maritime, including the operation of ships and transportation by ship anywhere in Canada,

(b) a railway, canal, telegraph or other work or undertaking connecting any province with any other province, or extending beyond the limits of a province,

(c) a line of ships connecting a province with any other province, or extending beyond the limits of a province,

(d) a ferry between any province and any other province or between any province and any country other than Canada,

(e) aerodromes, aircraft or a line of air transportation,

(f) a radio broadcasting station,

(g) a bank or an authorized foreign bank within the meaning of section 2 of the Bank Act,

(h) a work or undertaking that, although wholly situated within a province, is before or after its execution declared by Parliament to be for the general advantage of Canada or for the advantage of two or more of the provinces,

(i) a work, undertaking or business outside the exclusive legislative authority of the legislatures of the provinces, and

(j) a work, undertaking or activity in respect of which federal laws within the meaning of section 2 of the Oceans Act apply pursuant to section 20 of that Act and any regulations made pursuant to paragraph 26(1)(k) of that Act;

http://laws.justice.gc.ca/en/showdoc/cs ... rbo-ga:s_2

[mattedfred]

A question for you legal types? Does having a "full time" job give an employee any rights with regard to guaranteed hours? Specifically, there is a float operator on the west coast that guarantees it's pilots 140 "scheduled" hours per month, but then cancels shifts the day before if the pilot's aren't needed. In effect pilot's are on call, without being payed for it. There is no guarantee of paid hours. Some of the pilots are getting pay cheques with only a couple days of work over two week periods where they had been scheduled to work eight to ten days. Is this legal? Because it certainly doesn't seem right.

the little guy

which union are you with? pm me if you like

otherwise, talk to your union or a lawyer that specializes in federal labour law.

[the little guy]

Family guy, I was under the impression that aviation followed the Canada Labour Code only.

We signed a collective agreement last spring. The wording is that we are guaranteed to be scheduled for 140 hours per month in the winter months, and 160 in the summer. At the time we all understood that to mean we would be paid for that amount, and it seemed that even the company was under the same impression. It wasn't an issue in the summer as we were all getting the minimum plus a fair amount of OT. It's become an issue in the last month or so, with a lot of guys getting cheques with only a couple days of work on them. Interestingly, there hasn't been any lay offs, which I guess makes sense when they can have guys on call for free. We share the same union as one of the firebombing companies. Does anybody have any direct experience with the union itself actually going to bat for it's members in the legal sense?

[rd1331]

You may want to remind your union reps that they have a legal obligation to look after everyone inside the union. If they don't the union itself can be held responsible.

File a greavance, the union cannot say no to you filing it, if your reps aren't doing there job, phone the union itself.

[Cat Driver]

Who would have ever thought the kid would be worse than the father?

[mattedfred]

your union must represent each member. you should have a grievance section in your collective agreement. review this section and request that your union assist you with the process. you normally have the option of filing a personal grievance (for yourself) or a policy grievance (for the entire group). forward a written complaint to your union reps and request a written response. keep a copy of all correspondence.

[flyinthebug]

Hmmm. I may be way off base here, but my opinion is based on previous experiences.

Have you considered approaching your CP or Ops Mgr? All this frenzy about the union, what ever happened to a good old fashioned sit down with management?

In my personal experience, unions are a waste of time and money precisely because of whats happening to you and many others like you. I had a CP who I really liked. Good pilot, good friend as well. We had no union at our place and one day a young Capt came to me and advised me that he didnt want to rock the boat but the CP is taking all the longer "cherry charters and leaving the scraps for the rest of the crew to fight for. Then another team member came to me with the same issues.. then another and another until finally after the 5th pilot came to me, and after NUMEROUS meetings with my Chief Pilot failed to change his behaviour.. I let him go. He had been a very good and competent CP for me for just over 3 years.. and he was a friend as well. The bottom line was he was bringing down the entire morale of my team and since he was unwilling to change.. He had to go.

This was also the catalyst for me to retire the "base & miles" pay structure we used and went to straight salary. At the end of the day it didnt cost us a penny more.. and the guys got paid whether they flew 20 hours or 100 that month.

If all else fails.. It couldnt hurt to sit down with your DFO or CP and say HEY, whats going on here?our union contracts states etc etc etc.. why are Johnny and Jimmy getting paid for 120 hours a month and were sitting here on "free stand by" while the union cries that its adhering to the rules? If your DFO and/or your CP has any sort of conscience beyond making a buck.. Im confident you may be able to open more doors with that kind of direct dialogue. It worked in my instance.. It may well work in yours.

Food for thought.
Fly safe all, Cheers.

[bezerker]

Family Guy, Provincial Labor Codes have absolutely nothing to do with aviation. Don't mislead or confuse people, the Federal Code is bad enough.

[xsbank]

If you are talking about the Operating Engineers, just get on the phone and call your business rep. He will advise you and if you are correct they will fire off a cease and desist letter to the company. The union lawyer is there, too, he is available to you to define your rights and I believe their legal department is all part of what you pay dues for.

Get on the phone and ask for interpretation.

Ps. Family Guy, I am sorry but you are incorrect, that's why Worksafe BC doesn't GARA about float pilots.

[Widow]

Ps. Family Guy, I am sorry but you are incorrect, that's why Worksafe BC doesn't GARA about float pilots.

Absolutely correct. Here in BC, there is no agreement in place between the Federal Ministry and the Provincial Ministry for any aspect of OH&S/Labour oversight.

Who is covered by federal labour legislation?

Most employers and their employees in Canada fall under the jurisdiction of the provincial labour legislation in their province. The federal Labour Program oversees the "federally regulated" sector of the labour force. This is approximately only 10% of the labour force. The rest of the labour force falls under provincial jurisdiction.

Broadly speaking, the activities that come within federal jurisdiction include:

• 1.Interprovincial and international services such as
  • ◦railways;
    ◦highway transport;
    ◦telephone, telegraph, and cable systems;
    ◦pipelines;
    ◦canals;
    ◦ferries, tunnels, and bridges;
    ◦shipping and shipping services;
  2.Radio and television broadcasting, including cablevision;
  3.Air transport, aircraft operations, and aerodromes;
  4.Banks;
  5.Undertakings for the protection and preservation of fisheries as a natural resource;
  6.Undertakings declared by Parliament to be for the general advantage of Canada such as
  • ◦most grain elevators;
    ◦flour and seed mills, feed warehouses and grain-seed cleaning plants;
    ◦uranium mining and processing;
    ◦certain individual undertakings such as Hudson Bay Mining and Smelting Company

http://www.hrsdc.gc.ca/eng/lp/lo/fll/about-fll.shtml

[phillyfan]

Sounds like the old, you guys thought you would screw them with a union. Now they are gonna screw you right back. Ahh good old union life.

[mattedfred]

commercial pilots fall under the CLC for labour regulations and Provincial WCB/WSIB/CSST for workplace injury claims

[Widow]

For claims, mattedfred. Not for accident investigations or OH&S recommendations. Further, Worksafe BC is, apparently, unable to fine (or litigate) for CLC infringements despite the fact that they must pay out if those infringements resulted in the injury (or death). There is also considerable evidence that the Federal Ministry doesn't give a rats a$$ that TC is doing a poor job.

[Cat Driver]

The guys should just have went to work one morning and sat on the dock until the owner decided how long he could stay in business with employees who would not work for him.

Instead they chose to unionize, hopefully it will eventually work out for them.