28 April, 2008
Toronto, ON - The continual disregard for sub contracting provisions of the Air Canada TMOS Collective Agreement has finally caught up to Air Canada Technical Services (ACTS) where it hurts – in the pocket book and the children of IAMAW TMOS members are the big winners!
What originally began in 2007 as a series of no fewer than eight warnings from an arbitrator soon grew into a $1,000.00 fine against ACTS, followed by a second fine of $5,000.00, then a third fine at $25,000.00 and in early April 2008, a $100,000.00 fine. The common thread being Acts’ complete disregard for the terms of the TMOS Collective agreement and the workers it protects.
The latest award stems from efforts by ACTS to contract out aircraft work because of insufficient manpower. The IAM claimed that there have been continuous manpower shortages since the 2007 layoffs of 867 TMOS members in Vancouver, and that this work was not an emergency because they were aware of it 6 months prior.
Arbitrator Martin Teplitsky agreed with the Union stating that planning failures for known work does not fall within the collective agreement language. As such he ruled that it was not an emergency and the employer was required to give 30 days notice as opposed to the two days notice given. He noted, ‘the employers have once again breached their contract obligations.’ He then imposed a $100,000.00 fine against the company considering the number of hours contracted out and the likely overtime involved had the work remained in-house.
The combined awards of $125,000.00 ordered paid to the union in trust, will be used for fifty $2,500.00 scholarship awards for the children of TMOS members of IAMAW District Lodge 140.
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