Global Courant 2023-05-10 01:07:00
More than 1,000 WestJet pilots across Canada are preparing for picket lines this month as a union claims workers are overworked and underpaid, while the airline claims they are fairly compensated.
The possible strike has strained thousands of travelers amid a year of flight delays and cancellations by several Canadian airlines, including WestJet.
Complaints to the Canadian Transportation Agency have skyrocketed recently, with more than 42,000 filed in the past year, with nearly 2,000 filed against WestJet in December alone. Many of the complaints came after passengers were not compensated for canceled flights due to a severe snow storm.
With the threat of a strike looming, Gabor Lukacs, president of the nonprofit Air Passenger Rights organization, says the need for improved passenger protection rules has increased. He says a labor dispute should be viewed as a situation within the airline’s control, raising questions about the impact of the strike and whether passengers will be compensated in the event of cancellations and delays.
“Ultimately, this is really troubling. It’s a wake-up call to Canadians that our passenger protection system is inadequate,” Lukacs told CTVNews.ca in a telephone interview Tuesday.
WHY WESTJET PILOTS THREAT TO STRIKE?
On Monday, the union representing WestJet pilots, the Air Line Pilots Association (ALPA), said in a press release that workers in Calgary, Vancouver and Toronto are calling for a pay rise and pointing to the airline’s high turnover of workers.
The union says that WestJet loses an average of 30 pilots per month and that a pilot is looking for a different job every 18 hours.
“It is common knowledge that WestJet is currently having a problem attracting and retaining pilots. Those of us here today are fighting to change that,” said ALPA President Capt. Jason Ambrosi in a press release. “Our goal is to secure a contract that will allow this airline to once again become a career destination for pilots.”
Capt. Bernard Lewall, chairman of the WestJet ALPA Master Executive Council, recently told the CTV News Channel that WestJet pilots are among the “lowest paid in North America, if not the world.”
For its part, WestJet released a statement Monday saying the company “recognizes the importance of our pilots, while at the same time securing WestJet’s financial future and avoiding unnecessary disruption to Canadian travelers and communities.”
In addition, the airline says its 737 pilots are among the “top Canadian income earners across all occupations,” and the wages proposed by the ALPA could affect the airline’s ability to provide “affordable” air travel for Canadians.
ARE AIRLINES PILOTS ALLOWED TO STRIKE WHEN WOULD IT START?
WestJet pilots could go on strike as early as May 16, according to the ALPA, as the union says the pilots are prepared to issue a 72-hour strike notice by May 13 if negotiations continue to stall.
While it may be an inconvenience to passengers, Lukacs says the union’s 1,800 pilots have their constitutional right to strike if they see fit.
“They have every legal right to strike and I personally support the pilots in their strike effort,” he said.
IF MY FLIGHT IS CANCELED WILL I GET COMPENSATION?
Tom Oommen, director general of communications at the Canadian Transportation Agency, says travelers have the right to be rebooked on another flight within 48 hours, regardless of the airline, if their flight is canceled for reasons beyond the airline’s control.
“If a flight disruption is beyond the control of the airline and the airline is unable to rebook a passenger within 48 hours of the original departure time, the airline must offer the passenger a refund and such refund must be paid to the passenger within 30 days” , Oommen told CTVNews.ca in a telephone interview on Tuesday.
While this rule was recently incorporated into the CTA’s Air Passenger Protection Regulations in September 2022, Lukacs says the APPR rules are not comparable to other air passenger protection systems, such as those in Europe, where travelers are entitled to additional compensation or expense coverage. such as meals and hotel accommodation in the event of a strike.
The CTA describes staffing issues as matters within an airline’s control, suggesting that a passenger may be entitled to some compensation depending on when a flight is cancelled.
However, it specifically states “any interruption of work within the carrier or within an essential service provider such as an airport or an air navigation service provider” as being considered beyond its control, suggesting that passengers would not be compensated.
And if passengers do qualify, it’s limited to providing assistance, offering alternative travel arrangements or refunds, and up to $1,000 for inconveniences.
“In Canada you don’t get meals, you don’t get shelter, you don’t get a lump sum,” Lukacs said, despite his belief that this strike would fall under the airline’s control.
Oommen advises travelers to keep abreast of the latest developments of the strike and to keep an eye on the consequences for their trip in case they want to file a complaint.
“If a passenger ever wants to make a complaint to the agency, that complaint is based on the specific facts of the case and it is important to keep good notes,” says Oommen.
WHAT CAN THIS MEAN FOR WESTJET?
Recently, Transport Minister Omar Alghabra proposed legislation that would increase fines and place the responsibility on airlines to prove why they should not pay travelers compensation for disruptions beyond their control.
However, both the Air Passenger Rights organization and the Public Interest Advocacy Center (PIAC) say the proposed change will only create more loopholes for airlines and would not help protect passenger rights.
“They create a major loophole that allows the airlines to avoid compensation if they just sign compliance agreements,” Lukacs said.
Both advocacy groups are calling on Canadians to support Bill C-327, which aims to increase financial compensation for passengers experiencing flight delays, canceled flights or denied boarding not caused by “extraordinary circumstances”.
Lukacs said that in the case of canceled flights followed by a strike, it wouldn’t be a surprise if WestJet is hit with a class action lawsuit if they refuse to compensate travelers.
“They could refuse to pay until they are ordered to pay or forced to pay, but will they get away with it? I doubt it very much. It could even be grounds for class action and I would expect in case there is enough reason to crack down on WestJet,” he said.
