What are my time limits for making pay claims?

All pay claims regarding the incorrect awarding of open flights must be filed within fourteen (14) days of scheduled departure (B7.06). All other pay claims must be submitted within fourteen (14) days of your becoming aware of the error. If you file a claim, the sixty (60) day time limits (Article 13.02) start to run as of the date that you receive the Company’s response to your claim.

Note 1: If you do not receive a response from the Company within thirty (30) days of filing a pay claim, file a grievance. If you do not file a pay claim, the sixty (60) day time limits (Article 13.02) start to run out as of the date that you become aware of the alleged error.

Note 2: The time limits found in Article 13.02 do not include Saturdays, Sundays and statutory holidays.

How long do I have to claim for missing or erroneous meal expenses?

Meal allowance grievances are handled through a separate dispute resolution process and the time limits for filing those claims is twelve (12) months from the date of underpayment.

All Other Grievances (Art. 13.02)

If you believe there has been a violation of your rights under the Collective Agreement and you are unable to resolve it with a supervisor, you have sixty (60) days (excluding weekends and statutory holidays) to file a grievance.

Grievances that are not filed within the above timelines run the risk of being dismissed by the Arbitrators.

What do I need to bring with me when filing a grievance?

One of the biggest reasons grievances fail or get dismissed is lack of evidence. It’s absolutely essential to provide the Union with all of the facts, information and documents related to the incident in order for the Union to investigate your claim. If sufficient evidence is not provided, we may not be able to reasonably file a grievance on your behalf.

The Union does not always have access to all the information we need to defend your rights, so we rely on you to bring it to us. Examples of evidence that we need you to bring to the Local office may include :

  • Your written statement outlining the event(s) that gave rise to your claim (who, what, where, why, when & how)
  • Your original block, from PBS
  • Your schedule from Globe
  • Your original and revised pairing(s)
  • Your detailed flight pay summary for the month(s) in question
  • Your pay claim and denial
  • Your bid sheet
  • Which collective agreement provision has been violated
  • Any other document(s) or information requested by the Local
  • Any correspondence (fax, email, etc.) related to the issue or claim

Please keep a copy of all documents that you provide to your Local Union Office or the Company.

What do I do if I disagree with Crew Scheduling about my rights?

Explain your right and quote the applicable article from the Collective Agreement. Request that the crew scheduler abide by the Collective Agreement. Always write down the date, time and name of the Company representative. If unable to agree, cabin personnel are required to work now, grieve later. Please keep in mind that Crew Scheduling is not the final authority on the Collective Agreement, and your Union representatives will address all violations with management.

What do I do if I get in trouble with the Company? (Art. 14.05)

If you become aware of any disciplinary measures being levied against you by the Company (including but not limited to a letter of reprimand / suspension/ discharge) you must notify us so that we can file a grievance within ten (10) days of receiving the Company’s decision, excluding weekends and statutory holidays. Grievances are filed at your Local Union Office with the help of your Local Officers.

REMEMBER: You have the right to Union representation in all meetings with Management.

Grievance Filing Timelines

Discipline
Block Rule
Non-Block Rule
Meal
Grievance must be filed within ten (10) days of receipt of the Company’s decision.

(does not include weekends and Statutory holidays)
Pay claims must be filed within fourteen (14) days of becoming aware of violation/error

If pay claim is filed, grievance must be filed within sixty (60) days of receiving the Company’s response.

If you do not receive a response from the Company within thirty (30) days of filing a pay claim, file a grievance

If you don’t file a pay claim, grievances must be filed within sixty (60) days of becoming aware of the violation/error

(does not include weekends and Statutory holidays)
Grievances must be filed within sixty (60) days of reasonably becoming aware of the issue/violation.

(does not include weekends and Statutory holidays)
Pay claims must be filed within twelve (12) months from the date of the alleged underpayment. This would be the seventeenth (17th) day of each month when the employee receives payment from the employer.

The Company must respond within thirty (30) days of receiving the claim.

If the claim is denied and/or the member does not receive a response within thirty (30) days, a grievance should be filed

(refer to paragraph thirteen (13) of LOU 43 - Overseas Meal Entitlements)
office@local4092.ca
1-905-676-4293
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