May 7, 2002
Ms. Susan Ruffo
Executive Assistant to the
National President
CUPE
21 Florence St.
Ottawa, Ontario
K2P 0W6
Ms. Ruffo,
Your April 25, 2002 letter to the members of the National Executive Board sets out to discredit the CAIL flight attendants who seek to have the Airline Division Policy on Seniority Integration upheld by CUPE. During this current merger between Air Canada and Canadian Airlines International, thousands of members are questioning why CUPE National and the Airline Division have abandoned their responsibility of ensuring that trade union principles are not compromised.
Ms. Ruffo, the four points in your letter contain a number of inaccuracies. We would like to draw your attention to the content in point #3 and the references you make to the National favoring one component over the other and the NEB approved provision of $50,000 to the A/C Component.
“They say that the National Office favors the former Air
Canada Component and has provided more resources to AC than CAIL. The truth is that the agreement to refer
seniority integration to arbitration
specifically required that National not take a position. CUPE National would be in violation of that
agreement if we were to take sides with one over the other.
The legal bills of the former CAIL Component to be
represented at the seniority arbitration are paid by the new Air Canada
Component..
Last year, the NEB approved the provision of $50,000 to the former AC Component to assist in dealing with a backlog of grievances. This had nothing to do with seniority integration. The former CAIL Component was provided with the services of a National Representative to assist with their backlog of grievances, and this continues to this day.”
Clearly, Ms. Ruffo, you were either not briefed in regard to the apparent misappropriation of these funds by the A/C Component, or have purposely set out to mislead the NEB. Neither scenario is acceptable. We refer you to the enclosed letter from Judy Darcy (June 6, 2001) to Pam Sachs (A/C Comp. President) questioning the appropriate use of the $50,000.
“It has come to my attention that Teri Hilborn, the
lawyer hired by the Air Canada Component, who is reportedly being paid from the
$50,000 allocation from CUPE for the handling of a massive backlog of grievance
arbitration work has been attending the Kevin Burkett seniority arbitration
hearings.
Pam, you can no doubt imagine the difficulty this
creates, when it appears that CUPE is providing assistance for the Air Canada
Component……….
……it was very clear that the money was for outstanding
grievance arbitrations….
I would ask you to ensure that the money that has been allocated for arbitrations by CUPE be appropriated and that Teri not attend any more days of the Kevin Burkett seniority arbitration hearings.”
Ms. Darcy specifically requests Pam Sachs to ensure that the money be properly appropriated and that legal counsel, Teri Hilborn, no longer appear before arbitrator Kevin Burkett. It should be clear to all that Pam Sachs ignored this request from our National President, as Teri Hilborn continued on as counsel for the A/C Component in the seniority arbitration. Her name can be found on the appearance list of Mr. Burkett’s interim award. This document is enclosed.
Weeks later, Mr. Terry Twentymen (CAIL Comp. President) expresses his concern over this matter in his letter to Ms. Darcy (June 29, 2001). The enclosed letter states:
“ The Canadian
Component and its members are spending
hundreds of thousands of dollars to defend an Airline Division of CUPE Policy. Through drastic cuts to committee budgets, we fortunately haven’t had to go to our members for more
money nor have we had to ask the Airline
Division or CUPE National for
funds.
However, I am extremely distressed that the Air Canada
Component received a lump sum of money from CUPE National to clear up old
grievances. I was of the understanding
they would use these funds to hire a lawyer to assist them in that endeavor. Unfortunately, that particular lawyer they
hired was sitting across the table from me during one of the seniority
integration hearings (Not what I would
consider an “old grievance”).
……However, the fact remains that lawyer was present, and I’m not that naïve to believe that she isn’t working on the seniority arbitration. After all, she is from the same law firm that is representing the Air Canada Component in the seniority arbitration.”
In addition to Ms. Hilborn’s presence before the arbitrator, CAIL members are dismayed to find that Mr. Egon Keist (CUPE National Rep.) also appeared before Mr. Burkett on behalf of the Air Canada Component. His name is also present on the appearance list found on the Burkett interim award. A CUPE National Representative arguing against the Airline Division Policy does not bode well for CUPE National’s claim of neutrality.
Your efforts to malign the CAIL flight attendants who are engaged in an endeavor to see that their rightful seniority is protected and upheld , are disturbing. Your claim that we are “part of a very well organized campaign, the primary goal of which is to decertify from CUPE” could not be further from the truth. Decertification is not an issue. Upholding the Airline Division Seniority Integration Policy is the ONLY issue.
We are a group of Airline Division members, thousands strong, who believe that seniority is not a concept, but a real, time-earned right. We have experienced numerous mergers and each merger produced a fair and equitable seniority list based on the long held trade union principle of DATE OF HIRE.
We are not the “renegades” you attempt to make us out to be. We are proud, well-informed, professional individuals who believe in the cornerstone of union foundation, seniority. Real seniority. Through our union dues, we have provided CUPE with millions of dollars. We have willingly supported CUPE and now we are asking CUPE to support us. The CUPE Constitution states “ CUPE is a democratic Union in which the members make the decisions and set the policies.” Please respect our desire to uphold our Airline Division Policy.
We trust that you will provide accurate information to CUPE members in future correspondence.
In Solidarity and all that it stands for,
Your Sisters and Brothers from the ex-Canadian Airlines Component