What is Scope?

Scope protection ensures that only Porter pilots fly under the Porter Brand (PACL & PAI together). This stops the company from using or creating other carriers to shift flying away for cheaper labour, or from threatening for lower wages and working conditions. A lack of scope protection has historically placed pilot groups against each other in a “race to the bottom” (ex. Westjet mainline vs Swoop).

Scope clauses with different airlines have different protections, but these generally include any number of the following:

  • Aircraft categories;

  • Company Flying;

  • Merger Protections;

  • Change of Control;

  • Divestiture / Successorship;

  • Reorganization;

  • Codeshares/Joint Ventures;

  • Capacity Purchase Agreements (CPA); and

  • Wet Leasing.

Let’s define this further.

Aircraft Categories 

Under the Aircraft Category clause, an organized pilot group is able to limit the type of category of aircraft to which an operator is able to operate outside of the company.  

These limits may be based on the weight of the aircraft or total number of passenger seats on the aircraft (It is this clause that has limited E2 expansion in the US.  The aircraft is too heavy, and is limited by mainline operators).

Company Flying

A simple clause which states that any flying to be conducted under the Porter banner shall be conducted by Porter Airlines pilots.  This clause limits what type of outside flying may be done by non-company pilots.

Merger Protection

A major part of Scope is the Merger Protection.  Merger Protection is something we NEED to focus one when we talk with our Senior Members. Without merger protections, we will most likely end up following the merger protections of the opposing airline.  By doing so, we could find ourselves in a difficult situation.

Change of Control Clause

Where a change of control of the company occurs, this clause ensures that the controlling entity shall incorporate the pilot group and its working conditions until the conditions of the CBA can be re-negotiated.

Divestiture / Successorship

In the event that the company sells, leases, transfers or otherwise chooses to divest itself of their fleet, the company shall not oppose any application put forth by the pilot group to the new organization.  Under such clauses, we can seek to have the company put language into contracts with the new entity that they will not alter the pilot group’s conditions.

Reorganization 

In the event of a corporate reorganization, the company shall ensure that the pilot agreement shall remain in full force and effect.  In the event the reorganization results in a merger, the company shall assist the pilot group in the application to the CIRB to ensure the pilot group’s association maintains successorship rights, if required. 

Code Share/Joint Venture

Joint ventures do assist with the companies’ bottom line; however, these clauses are developed to protect the pilot group.  With these clauses, the company is prohibited from joining code shares/joint ventures if it will in any way result in the pilot group having potential labour disruption (i.e, Layoffs).

Capacity Purchase Agreement (CPA)

In accordance with the Aircraft Category clause, the CPA clause allows companies to enter into CPAs with other operators utilizing smaller aircraft.

Wet Lease

Many pilot groups have wet lease provisions whereby the company may enter into wet lease agreements with other operators for a limited period of time and for limited reasons. Some pilot groups also have stipulated penalties associated with violations of these wet lease contractual provisions. 

Air Transat is currently engaged in a wet lease on aircraft.  The company pays a fee of $10,000 per month, per tail, payable to the Union (currently 4 tails, $40,000 per month).  ALPA Transat has taken this $40,000 per month and directed the funds to a merger fund/committee.

So let's ask ourselves, who has scope protections, and who does not?

*The provisions listed above may have changed at each carrier as the market evolves.

Scope is a significant part of a CBA. Generally, it is not a major focus for pilots, but it is one of the most important aspects of an agreement.  Scope is what stops any company from farming out our work to another carrier, starting another airline, or dividing their seniority list among separate AOCs held by the same parent company.