Q1) “If the planned total block hours for WestJet and Swoop for a Monthly Scheduling Period are equal to or less than…” Are the additional compensation triggers WestJet and Swoop flying combined?
Yes, the total block hours of WestJet and Swoop will be combined to quantify all compensation triggers. In August, for example, we are calculated to be at 22% per OAG data.
Q2) It was explained to me in MOA2 that in the event of CCAA, our MOA would snap back to original contract. In MOA3, there is no mention of this stipulation. It simply states layoffs may occur.
“In the event that one or both Companies file for Companies’ Creditors Arrangement Act (CCAA) protection and/or commence bankruptcy proceedings pursuant to the Bankruptcy and Insolvency Act, this MOA3 shall not be used as evidence in the CCAA process”
Although MOA 3 uses different language than MOA 2- the result is the same. In any CCAA proceedings our position will be based on our original CA and not MOA3.
Q3) I am a furloughed pilot, am I entitled to profit sharing and do you know approximately how much it is?
Yes. “The Companies shall pay all Pilots on property as of March 31, 2020 the Profit Share amount due May 22, 2020 in accordance with 22-3 PROFIT SHARE PLAN of the Collective Agreement by December 15, 2020.”
We do not have the profit share dollar amount information at this time, but the company will pay it.
Q4) As a furloughed pilot, I understand I will have standby passes for the duration of MOA3. Will my family also be included regarding standby travel?
A furloughed pilot and their family will continue to receive standby travel privileges on WestJet group companies with the exception of 50% off confirmed fares.
Q5) In MOA3 it references management pilots able to do a “reasonable” amount of flying to maintain currency and maintain the integrity of the operation. What does “reasonable” mean as it’s quite subjective?
The language “reasonable” was allowed in MOA3 to allow management pilots to keep current (e.g. ETOPS) as well as give them the ability to rescue a flight that may otherwise be cancelled. Management flying will be monitored by the MEC to ensure the word “reasonable” is not being abused by the company.
Q6) I’m a Junior Toronto FO, could I be forced to Swoop?
No, pilots cannot be forced to Swoop.
Q7) If no pilots bid to Swoop will it result in a recall of pilots?
As no mainline WestJet pilots can be forced to Swoop this could result in a recall of Swoop pilots to Swoop. Former WestJet pilots on furlough will not be forced into Swoop. Additionally, off the street hiring could occur.
Q8) If a pilot bids for Captain at Swoop and does not pass the upgrade, are they forced to become a Swoop FO or do they return to WestJet?
They will return to their previous position. Refer to CA 16.7 Captain Upgrade.
Q9) Are there any overall reductions at mainline to accommodate the extra positions at Swoop?
As of now the company has indicated there is not.
Q10) How will Swoop staff new tails?
Via the PSB process and/or recalls/and or off the street hiring.
Q11) Was there any discussion regarding reserve eligibility during MOA3 negotiations?
No there was not. We will be surveying our pilots in the near future before we enter discussions with the company on this issue.
Q12)If I bid for another position will I be eligible for a relocation package?
No. Only pilots who have been displaced will be eligible for relocation assistance per 25-1.01 Pilot Relocation.
Q13) Does a WJ pilot that bumps into Swoop carry their Length of Service?
No, the pilot would start at year 1 pay on the Swoop scale.
Q14) Where are the early outs?
The Association has presented “Early-Out” and “Voluntary Enhanced Extended Leaves” to WestJet, and it is in their hands to respond. This is a separate conversation from MOA3.
Q15) I am not a member of ALPA, can I become a member right now and vote on MOA3?
As per ALPA policy, the voter list is frozen at the time the ballot opens. Once you become a member, you will be entitled to vote for all future votes.
Q16) Am I frozen if I voluntarily bid to Swoop?
Yes. However, if you have been displaced from your current position and end up at Swoop, the freeze would not apply.
Q17) I am on STD or LTD, can I vote on MOA3?
A member on a medical leave of absence goes on Sick Inactive ‘SI’ classification. Dues are deferred, and the member waives the right to vote. This classification begins after 30 continuous days of medical leave.
“Obligations must be current. Dues on obligated earnings are deferred; sick and vacation pay are obligated (deferred), short and long-term disability pay are not obligated. Dues are deferred, member waives the right to vote.”
*per ALPA membership classification chart
Contact WJAMembership@alpa.org for further clarification.
Q18) I am on a VLOA, can I vote on MOA3?
A member who takes a personal leave of absence in excess of ninety (90) days has their ALPA classification moved to ‘PL’. Dues are deferred and the member waives the right to vote.
*as per ALPA membership classification chart.
Contact WJAMembership@alpa.org for further clarification.
Q19) Can a pilot on voluntary lay off vote?
No. See Q17 above. Contact WJAMembership@alpa.org for further clarification.
Q20) Can a pilot on an involuntary lay off (furlough) vote?
Yes, they are active dues paying members as they are on CEWS. This is a result of the requirement that employees being paid through the CEWS program must be on the company payroll. In most situations a furloughed pilot is no longer an employee and consequently is ineligible for active membership, but with the CEWS program this is not the case.
Q21) Will the 10 B787 FO positions be filled regardless of MOA3 ratification?
There were no discussions between ALPA and the company that the 10 positons were in anyway linked in to MOA3.
Q22) I was bumped off the B787 on the last bid. If I bid for it again, does my 2-year freeze start over?
No. See 7-11.02. Freezes apply for Position changes that require an initial course.
Q23) With Swoop able to add a tail a month, up to 6, for the duration of MOA3, I am concerned that the company will grow Swoop at the expense of mainline.
At the bottom of the crisis WestJet mainline was only operating 22 jets while Swoop was down to 2. WestJet is now at 33 jets and Swoop is at 3. The intent is to allow both airlines to recover proportionally. We wanted to put a cap on Swoop growth to a maximum of 6 jets in the short-term (duration of MOA3) to ensure its recovery could not outpace WestJet’s recovery.
Q24) Can Swoop just grow to 30 tails after this MOA expires?
As we know, under the Kaplan award, as embodied in Section 1-1.04 of the collective agreement, Swoop may operate a fleet of up to thirty narrow body aircraft. Our rationale for limiting Swoop’s growth in this MOA was to demonstrate to the company that such a limitation does not impact the company’s business plan for Swoop, but more importantly, get the management team comfortable with a number less than thirty. As we can all appreciate, this subject will be of major importance to us in our negotiation for collective agreement number 2, and setting the stage now – even if temporarily – will help us later.
Additionally, if management does seek to increase Swoop’s fleet size beyond those contained in this MOA, we will assert our rights under Section 1-1.05, which says that the parties will meet to negotiate changes to the 90% rule based upon aircraft or base changes. Our view is that an increase in the Swoop fleet size would necessitate such a negotiation.
1-1.04. Swoop may operate a fleet in revenue service of thirty (30) narrow body aircraft. Wide body aircraft shall not be operated at Swoop.
1-1.05. As long as WestJet pilots are subject to this Agreement, WestJet shall guarantee ninety
percent (90%) of the number of active WestJet Pilot positions that existed on January 1, 2019. Parties acting reasonably will meet to negotiate adjustments as appropriate arising from equipment/base changes.
This same provision is item 26 of MOA2.
Q25) Did We agree to force majeure language for the life of MOA3?
Yes. With the current COVID-19 environment we considered the likelihood of a full recovery prior to the expiry of MOA3 and have assessed it likely that the company would have a legitimate argument of force majeure until that point. However, if flying recovers exponentially we have a strong legal argument that it is no longer a force majeure.
Q26) Is this PSB a reduction bid or just a regular position bid?
The company is viewing this as a mandatory system-wide reduction bid (in the event MOA3 is not ratified).
IF the vote is ratified, they will then switch to viewing it as a regular position (vacancy) bid using the expected vacancies per John Aaron’s email (“MOA is ratified” tables).
Given the short timeline between vote results and locking-in the PSB, you can see the obvious potential for error. Following the ratification vote results, it will be imperative that each pilot reviews their bid to ensure it accurately reflects their wishes. We are trying to get the PSB procedures clarified with the company to make sure the process is clear so pilots can avoid inadvertent mistakes.
Q27) Does a pilot on STD or LTD have to put in a bid on this PSB?
Yes. The company is viewing this as a system-wide reduction bid so all pilots including those on LTD/STD are required to bid. IF the MOA3 is ratified in the pilot vote, the bid will be reclassified as a vacancy bid, in which case pilots on leave are ineligible to bid on open positions, per the CA.
Q28) There have been a bunch of changes. Can you confirm the latest deadlines?
PSB - open
Pilot MOA vote - open
Pilot MOA vote closes – August 24th at 14:00 MT
Mock Bid Results – August 25th
PSB Closes – August 27th at 10:00 MT
PSB Tentative Award – August 29th
Dispute Period – (5 days) August 29th
Final Results – September 4th