Skylink Express, a regional cargo operator based in Mississauga, Ont., did not violate its collective agreement with Unifor by requiring its pilots to perform cargo loading and unloading duties, an arbitrator has ruled.
The union’s policy grievance argued that assigning cargo duties to pilots was not in line with the collective agreement. In contrast, the employer maintained that such assignments were within their management rights as per Article 4.1 of the agreement. (Article 4.1 reproduced below.)
Witnesses from both sides presented their arguments. The union called Bruce Snow, Assistant to Unifor National Officers, and Zoltan Czippel, National Representative. Skylink Express Inc. was represented by Todd Gilbert, Director of Commercial Operations, who contended that cargo duties were a regular part of pilots’ responsibilities and had been for at least 10 years.
A critical point in the arbitration was the lack of specific language in the collective agreement regarding cargo duties. The arbitrator noted that the agreement did not expressly restrict the assignment of such duties to pilots. Furthermore, the arbitrator found no evidence supporting the union’s claim that the employer had expanded pilots’ duties post-agreement ratification.
The union also accused the employer of bargaining in bad faith by failing to disclose cargo duties during negotiations. However, this argument was dismissed as the arbitrator noted that the information about cargo duties was not exclusively under the employer’s control, being accessible to the Union’s members as well.
Finally, the arbitrator rejected the union’s request to imply a restriction in the collective agreement preventing the employer from assigning cargo duties to pilots. It was emphasized that the collective agreement does not allow an arbitrator to add or modify its provisions.
In conclusion, the arbitrator determined that the management rights outlined in Article 4 of the Collective Agreement permitted Skylink Express Inc. to assign cargo duties to its pilots. As a result, the union’s grievance was dismissed, maintaining the status quo of pilots’ responsibilities at Skylink Express Inc.
For more information, see Unifor Local 2002 v Skylink Express Inc., 2024 CanLII 3366 (CA LA).
The wording of Article 4.1
4.1 The Union acknowledges the exclusive function of the Company generally to manage the enterprise in which it is engaged and to direct the FCMs [Flight Crew Members] and, without restricting the generality of the foregoing to:
(a) Maintain order, discipline, efficiency, and set qualifications;
(b) Hire, retain, assign, discharge, direct, promote, demote, classify, transfer, layoff, recall, and suspend or otherwise discipline FCMs for just cause subject to the right of FCMs to grieve to the extent and manner provided herein if the specific provisions of this Agreement, and / or relevant statutes, are violated in the exercise of these rights;
(c) Generally, to manage the enterprise in which the Company is engaged without restricting the generality of the foregoing, to plan, direct and control operations, to direct the workforce, to determine the number and location of facilities, to determine the quality of service and processes, methods of procedures to be employed, to determine the direction of the workforce, the schedules of work, and methods necessary to perform any service that may be required to manage the enterprise and its business, to establish schedules of work, and methods necessary to perform any service that may required to manage the enterprise and its business, to establish schedules, standards of performance, to select, procure and control supplies, materials, products and produce, to determine the extension, limitation, curtailment or cessation of operations, to determine the number of hours to be worked, starting and quitting times;
(d) Issue and enforce from time to time such reasonable rules and regulations, as the Company deems necessary to ensure the successful operation of its business. Breach of any such rules by an FCM may be cause for disciplinary action;
(e) Limit, suspend or cease operations or make necessary arrangements due to a change in the Company’s policies; and
(f) Discipline and discharge probationary FCMs for any reason provided only that such decision is not discriminatory, arbitrary or made in bad faith.
