If a similar exemption is granted for the aircraft at our airline, the exemption will have a direct effect on the rights and interests of the members we represent. It will affect their employment and future job prospects, as well as the safety and security of their working environment and for passengers, among other matters. As a result, we have the right to participate in the process of consideration of any exemption.
The present process does not adequately consider the participatory rights of directly affected employees. Common law procedural fairness requires that participatory rights be afforded to our members in the decision-making process to grant any such exemption for our airline. We therefore request that you and any of your delegated officials handling this exemption file:
1. Give us prompt and timely notice if you receive an application for this exemption from our airline.2. Provide us with a copy of the airline's application for such an exemption in a timely fashion.3. Provide us with any other materials that are being considered by the responsible decision-maker as they review the airline's request for an exemption so we have a complete record of everything that is before the decision-maker.4. Give us sufficient time to make written submissions and oral representations on the airline's request for an exemption before a decision on the exemption is made, including a meeting with the designated decision-maker on the file.5. Provide us with a copy of the Minister's decision on the application with accompanying reasons in a prompt and timely manner.
We are not aware whether you will be receiving the application for an exemption from our airline directly, or whether it will be sent instead to one of your delegated officials within your department to handle the request. We therefore request that this letter and any future submissions from us be conveyed to the responsible official within your department handling any request for an exemption and that we are advised of their name and contact details going forward.
Further, in the next few days, we will be providing you with detailed information and submissions demonstrating that the granting of this exemption generally is not in the public interest and will reduce the current level of safety and security provided on our aircraft with the current ratio of one flight attendant for every 40 passengers. This will constitute part of our written submissions on the application, and should form part of the record of material before the decision-maker. We would ask that you provide this information to any delegated official responsible for this file if the exemption request it is not being handled by your office directly.
Finally, once you have provided us with the specifics of any request for such an exemption at our airline, we will then be in a position to provide you with further detailed analysis of the request for an exemption to show how it does not meet the tests of section 5.9 (2) of the Aeronautics Act.
We look forward to your positive response to our requests and the provision of all the information we have identified so that you will have all the facts before you as you consider any request for an exemption in this regard.
Please forward you response directly to Richard Balnis, CUPE Senior Officer Research, at 1375 St. Laurent Blvd. Ottawa, ON K1G 0Z7, Tel: 613.237.1590, ext. 234, Fax: 613.237.5508, email@example.com.
PAUL MOIST, National President
MICHEL COURNOYER, Component President
Communications Officer, CUPE