Protections Written in Pencil - The FOAG
With the recent release and ratification of Air Canada’s tentative agreement , there has been a lot of discussion among pilots about how the collective bargaining process works. This article discusses the differences between a collective agreement and our current “policy document”, the FOAG.
Note: We would like to acknowledge the hard work that the FOAG pilot reps do. We are all working on the same team — we just have a different opinion on how best to get there.
Policy Document vs. Collective Agreement
The FOAG, which governs our work rules at present, is a policy document. It is implemented and controlled by the company. This means that the company has the power to unilaterally amend it at their discretion by sending out a bulletin. This often results in immediate changes to work rules affecting your quality of life, without you consenting to it.
A collective agreement is a legal document, written with input from lawyers on both sides of the table. Before being implemented, a proposed collective agreement is sent out to the pilots for review. With a collective agreement, each pilot is given the chance to make their voice heard by voting to either approve or reject the proposed contract.
Unilateral vs. Bilateral Change
A unilateral change means that one party can make a decision which affects another, and the other party has no power to deny the change. Under our current work rules, the company has the power to make unilateral changes against us. All they need to do is issue a bulletin, effective at their discretion, and our work rules can immediately be altered.
A bilateral change means that both parties must agree upon proposed changes to work rules before they are implemented. Once a collective agreement is implemented, it cannot be altered by the company without a vote of approval by the pilot group. In this situation, you don’t need to worry about suddenly receiving a bulletin via email altering your work rules.
What about the flexibility of the FOAG?
The company often lauds the FOAG for its “flexibility”, which allows for changes to pay or working rules to be implemented quickly. The statement seems to imply that a collective agreement cannot be modified quickly. This has led some pilots to be concerned that, in this economically favorable time for pilots, we could miss out on pay raises.
This is not true. If it’s in the company’s interest to offer us raises (as it is currently), they can simply offer those raises through a MOU (memorandum of understanding) or LOU (letter of understanding). This offer is sent out to the pilots via their elected representatives, and they are given the opportunity to vote on it. If the vote passes, it is implemented right away — no need to write a new contract. For a recent example: a letter was sent out to pilots at Air Inuit early this year, offering their pilots a significant pay raise in the middle of their contract negotiations.
Make Your Voice Heard
With a proper collective agreement, you have a voice:
You can vote on who your elected representatives are.
You can vote on your proposed contract.
You can vote on any proposed amendments to your contract, including pay raises offered by the company at any time.
You have access to a formal grievance process, should you require it.
The company cannot alter your work rule at their discretion.
Only a proper collective agreement can deliver:
Scope Protection
Merger & Acquisition Protection
Legal Representation
Collective Agreement
Results through Collective Bargaining
We believe that by joining ALPA, negotiating through open communication combined with our strong working relationship with the Company, we will secure a strong industry contract that benefits us all.
Safe Flying.
In Unity,
Porter Pilots for Change
