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myassisgrass 3rd Nov 2008 15:17

Global Helicopter Pilots Association
 
The Canadian Industrial Relations Board will be hearing CHC's arguments supporting their 2nd objection to the GHPA's application for certification (unionization). The hearings are scheduled for 24-27 November in Vancouver. They will be arguing that they (CHC) are not the 'True Employer'.
It has been nearly 2 years since the initial application in December 2006. The CIRB ruled 100% in favour of the GHPA on the 1st objection. CHC appealed this decision and once again, the CIRB ruled 100% in favour of the GHPA. Unsatisfied with these decisions, CHC launched a separate case with the Canadian Federal Court of Appeals. CHC hopes the Court of Appeals will overturn the CIRB rulings. This case will be heard in early November.
CHC is claiming that any pilots hired by CHC are actually employees of whatever subsidiary company they are sent to work for. For example, if a pilot is sent to Thailand, he effectively becomes an employee of Thai Aviation Services (TAS) and is not an employee of CHC.
This is a 'long-shot' and desperate attempt to do anything to stymie the legitimate attempt by a majority of the pilots to organize. CHC is doing everything within its power to try to bleed the GHPA of resources (financial). The OPEIU is backing the GHPA and CHC is losing the legal battle.
If the GHPA wins, this will be a landmark case. No longer will international helicopter companies be able to hide behind a legal facade that keeps pilots from organizing.
Stay tuned for more.................

Plakstift 4th Nov 2008 06:50

Great.
 
Thank you for the update.

November will be over before we know it and hopefully we will know where we stand.

It's too bad that the company turned this into something bitter.

The jurisdiction matter was a ligitimate point of contention for the company and it did need a ruling. But from the moment that the CIRB ruled that they had indeed jurisdiction, CHC should have accepted it and moved on.

This new objection of not being the true employer is frankly ridiculous and everybody knows that it will be rejected, CHC included.

What a waste of time...

Outwest 4th Nov 2008 11:00


What a waste of time...
Exactly the point......CHC intend to drag this out for as long as possible with the hope that we give up.

myassisgrass 4th Nov 2008 12:23

Here is the text of the message from Christine Baird, the President of CHC Global Operations, sent to all employees after the GHPA application for certification was submitted;

"Dear Colleagues,
As you may be aware, our helicopter pilots have recently formed an association - the Global Helicopter Pilots Association (the GHPA) - and applied to the Canadian Industrial Relations Board (the CIRB or the "Board") to be certified as a union. As you may also be aware, the company has resisted that application and recently appeared before the CIRB to have it dismissed.
In light of the company's resistance to the GHPA's application for certification, we understand that there might be some misunderstandings or mispreceptions regarding the company's willingness to address issues raised by employees from time to time. In light og that, I am sending this memorandum to all employees to explain the company's position before the CIRB and to reaffirm Global Operation's commitment to insuring that it is, and will remain, an open, cooperative and consultive organization.
First, our position before the CIRB during the hearing last week was that the Canadian Labour Code does not apply to our pilots working in foreign jurisdictions. As these pilots do not work on or in connection with a 'federal work, undertaking or business' - as that phrase is defined in the Code - they do not, in our view, meet the test for certification.by the CIRB.
The Board will consider the arguments made by the parties and will make a determination in due course. I'm told that it may be several months before we see a decision.
Blah, blah, blah.............."

The CIRB ruled not once, but twice in favour of the GHPA, that it does have jurisdiction over the pilots application for certification. They simply cannot accept this simple fact. Now, they have tabled an appeal before the 2nd highest court in the land, the Canadian Federal Court of Appeals, in an attempt to have the 2 decisions overturned. Presummably, if this attempt fails they will apply to the Supreme Court of Canada!

And now, the GHPA will have to disprove the rediculous claim that CHC is not the 'True Employer'.

It begs the question - Is CHC truly an open, cooperative and consultive company as they claim to be?

Swamp76 4th Nov 2008 16:17

The ruling I read indicated that some CHC Global pilots definitely (100%) are under CIRB jurisdiction while others very likely are not.

Not quite the complete support of GHPA's position as stated here. I haven't seen a subsequent ruling clarifying this stance. Is it available online?

At least everyone is finally admitting that it is, in fact, a union.

myassisgrass 5th Nov 2008 13:03

Getting the Facts Straight
 
The CIRB ruled 100% in our favour and included 100% of all the pilots employed in our application in spite of attempts by CHC to have non-Canadians, Canadian non-residents, etc., etc., disqualified.
The complete ruling, including the ruling on the appeal, are offered as public information on the CIRB website.
And finally, regarding whether or not it's called a union or association, the GHPA offered CHC the option of retracting our application, provided that they would sit down and talk to us. We were laughed out of the office. The only other option available to force CHC to sit and talk with us was certification and that means we have the right to be considered a union (with all other associated rights and protections).
I appreciate your concerns about embracing a union. When you are dealing with a management team that sees communication as a one-way street however, you have to use whatever legal resources at your disposal.
All the best.

unstable load 5th Nov 2008 13:40

union newbie warning!
 
myassisgrass,

Without being labelled as a nutter/a-hole/whatever I would like to ask a question....

Your time at work and most of your professional lives are tightly regulated in the various countries you operate in and by the company, so, how exactly will a union/association benefit you guys?
Your hours are regulated, duty times ditto, most of you are on equal time rotations and supply and demand governs salaries, you have pension and medical - what more do you want?

I am not trying to be inflammatory here, so bear with me please. I do not see the point of unions, so please enlighten me.

If my compatriots decided they wanted to form a union they would need to convince me of the benefits of union versus non-union, so that is what I am asking of you........

What is the point of a union/association?

Shawn Coyle 5th Nov 2008 14:23

I have no dog in this action, so to speak, so I'd like to add my two bits.
Unions have a place when management is not always sweetness and light. If management were perfect, there would be no need for unions. Mind you, in a perfect world, we wouldn't need management or regulatory authorities either. There is at least one company in the Gulf of Mexico that treats their people really well, and has been able to keep the union out.

The issue for a union is to find a balance in representing their member's interests. It's a little known fact that the main airline union, ALPA, spends most of their money in making sure they have representation on all the technical committees that impact airline operations. This is a huge expense, but it's the only way they can make sure that their main interest - safety - gets heard. They have been instrumental in many of these committees in preventing bad ideas from organizations like the FAA and management from becoming rules.

The other main reason is to make sure wages are reasonable. ALPA will send their accountants in to look at the books when an airline cries 'no money', and has accepted the truth when they find it.
If you want a really interesting story get 'Flying the Line' from ALPA, and you'll recognize a lot of parallels to the current helicopter industry.

I'm not going to say that unions are perfect. There have been lots of abuses of power by unions, and times when personality gets in the way of logic and reason. But a union staffed by good people, who are backed by reasonable people in the ranks can be a very positive thing.
If you don't get involved one way or another, you deserve whatever happens to you!

myassisgrass 5th Nov 2008 15:17

I agree 100% with the previous post. As a pilot in the field, the question to ask is, "What can a union bring to an equation?".....In one word.....Representation. An individual has but one voice. Often, that voice, as reasonable and as logical as it might be, is only one voice and as such, has no strength. A union of pilots allows one strong voice that can and must be heard by management. Management is often directed by economics and the loudest voice heard is an accountant's voice. Management is often not intimately involved with the issues that must be faced by the workers in the field....namely, the pilots. Without a union, decisions are made, policies are set and people's careers and lives are in the hands of their supervisors. Try having one bad day and see how difficult life gets without a professional body behind you providing support and representation.
The airlines and the professional pilots therein have recognized and have had representation before management by unions for decades. Somehow, we (helicopter pilots) have seldom organized and consequently we have never had the same advantages. Consequently, we have had our fates determined by management alone and when we have a problem, we stand alone.
And then there is the question of salary. Without an effective bargaining unit, what incentive is there for management to give fair and equitable pay increases when times are good? Their first responsibility is to their shareholders, not their employees. When senior management is rewarded by bonuses dependent on profitability, lower salaries generally equals more profitability and this generally equates to higher bonuses for management. The rich get richer and the poor get poorer. Who represents the pilots?
I don't have much experience with unions but over the years, I really cannot say that we, as pilots, have lived up to our potential. Perhaps a good union will help us along the way. It can't hurt to have professional representation. Right now, we have none.

unstable load 6th Nov 2008 08:12

Thanks, guys. It is already starting to clear up for me.

Cheers,

UL

malabo 6th Nov 2008 15:26

myassisgrass is absolutely right, the management is (necessarily) first responsible to shareholders. If the company is not profitable it will eventually become insolvent. This is of little consequence to the pilots if there is a shortage - they simply walk across the road to a solvent employer needing pilots. Labor employed in a company is a cost. Management tries to minimize all costs. They will pay the minimum required to retain pilots, which is why you see pilot salaries creeping up during shortages, especially if competing companies whipsaw salaries to poach pilots from other operators.

There are still advantages to employers to deal with unions, especially if the same union represents a spectrum of pilots working for the same competing companies - less chance of poaching and whipsawing because salaries are fixed for the term of the contract. Less backroom deals, better morale, etc.

On the downside, the select pilots (the "blessed" ones) can no longer expect that "special" deal not offered to other pilots. The union now becomes obliged by law to represent the pilot's interests. Layoffs and terminations also become more set in stone, with the company responding by setting better standards and evaluation systems to keep the deadwood out.

In a case of dispute between the pilot and the company, the union is legally accountable for the representation of the pilot. Depending on how CHC fragments in the coming years it will become a demanding task for GHPA to argue before whatever board of jurisdiction recognizes them for a remedy. Got a problem? Call your union rep, only they can take a grievance up with management. In the case of a labor dispute not being resolved between CHC and GHPA it then goes to arbitration before a labor board. So if you are a Sri Lanka pilot that got his butt kicked by a Malaysian manager because you were working for one of the CHC "shell" companies, your case will come before the ........Labour Relations Board of British Columbia??? Where is that, some small country in South America?

Interesting concept to have a union organized under the jurisdiction of the country where a company keeps its head office - even though that company has no flight operations in that same country and most employees don't work or are resident of that country. So if the CHC head office really does move to Amsterdam the GHPA will re-register there?

chcoffshore 6th Nov 2008 15:40


So if the CHC head office really does move to Amsterdam the GHPA will re-register there?
Really! Is this on the cards.............. There's no info for us mushrooms!

unstable load 7th Nov 2008 00:33


The union now becomes obliged by law to represent the pilot's interests.
Will membership therefore be automatic by default if a pilot is an employee?

myassisgrass 7th Nov 2008 01:52

Membership in the union will follow Canadian, and for the most part, international rules. Membership is optional. Everyone pays dues however, because everyone benefits from the efforts of the union (benefit improvements, salary increases etc.)

N Arslow 29th Nov 2008 08:34

"The hearings are scheduled for 24-27 November in Vancouver."

Any news?

myassisgrass 29th Nov 2008 14:42

4 days of hearings concluded......likely one more to go (Dec 4th). Expect a summary report to be posted once the incredible claims by CHC are heard in their entirety (lawyers summations are all that remains on 4th)

garsr1 30th Nov 2008 20:32

Do you think the union will do anything or just take our money and laugh like hell doing it? Just like all the bail out money in the US.

Shawn Coyle 1st Dec 2008 11:15

gasr
A lot of the effectiveness of any union depends on the people who are taking part in the process. If you don't get involved, you deserve whatever happens to you. If you let hotheads get elected, prepare for the worst.

Plakstift 1st Dec 2008 16:47

Shawn.

Thank you for showing how one can be diplomatic and civilized when you replied to "garsr1".

Well said.

garsr1 2nd Dec 2008 01:42

I would hope that they would work for our interest, but it seems that people are out for their own. In current times it is hard to believe the reps. I am not union, but see both sides. I would like a little more security in this business but who wouldn't want that.

Deiced 5th Dec 2008 03:04

So, what happened, today was the 4th? I thought it was the day for the hearing ruling.? :ugh:

Shawn Coyle 5th Dec 2008 12:23

gasr:
If you want a bit more security, and you don't think your reps are working to get that for you, then volunteer to work on that aspect of things. The union is really nothing more than the wishes of it's members - unfortunately sometime bad eggs make their wishes more important than the real wishes.

BOOMER1 6th Jan 2009 02:50

The second set of hearings just concluded in the beginning of December. The Canadian Industrial Relations Board has heard CHC’s second major objection to the GHPA’s application for certification. CHC claims it is not the true employer of its pilots working around the world, yet they are being paid and administratively handled through their office in Richmond, Canada! There are a myriad of other arguments with respect to CHC’s stance and all were argued at the hearings accordingly. The hearings lasted for a total of six days and the results of the hearings are expected to be passed down by the end of February. CHC has vowed to oppose any hearing in favor of the GHPA, as one might expect, and the struggle will continue to the next level in two months time. I hope that this helps.

alouette3 6th Jan 2009 19:26

Why is Union a five letter word in North America? I have been in a non union and a union company, and ,I can tell you ,that my life certainly is better in the union company. However, even when the union is on the property, the company behaves like a sore loser.Constant union busting, propoganda and efforts to undermine the contract which they signed with the union.After months of bitter negotiations, I might add.:ugh:
Like everything in this world the truth is somewhere down the middle. Do unions abuse and misuse their power? Absolutely. But can they be a force for good too --definitely.
In the US,everything bad is blamed on the union. Poor management decisions lead airlines and auto companies into bankruptcy. But the situations are, nevertheless, blamed on the unions.And, as Shawn said, like ALPA, helicopter unions need to come of age to participate willingly in safety initiatives with the cordial acceptance of the company. But as long as the helicopter workforce is bitterly divided on this---that will never happen.:{
Rant over. Thanks for listening.
Alt3.

DOUBLE BOGEY 6th Jan 2009 21:34

It is somewhat naive of an employer that they fear the collective and controlled bargaining that a unionised workforce enjoys.

Unionisation prevents unfair practices from taking plcae ON BOTH SIDES of the divide. Employees cannot just decide to up sticks and start a bun fight without some agreements in place from the greater union body. This affords the employer a good deal of protection and also the customer, at the end of the line.

Procedures have to be followed and employemnts laws followed by both sides.

Having said all of this, I suspect that CHC position with Globally employed pilots is they can align them to individual contracts in each are of operations that allows CHC to bid for work at local prices. Thus a UK North Sea Pilot probably earns substantially more than his collegues say in Thailand.

On one hand, it is easy to see CHCs point of view, but on the other, the implications for all Heavy helicopter pilots is that if left unchallenged we will at worst case see redeployment of global assests to locations where the profit is greatest, and thus the lot of the local pilots cannot improve.

I have always proferred the argument that the Pilots salary and remuneration package should not be involved in the contract bid calculations, just as the DOC on the machine is fixed, so should pilot overheads be also. (I also include engineers in this concept).

The issue here is whether Global pilots have the stomach for a real fight, because it is clear that if they all take a stance, currently unrestrained by the shackles of a union agreement, CHC would really feel how unpleasant things can get with no union agreement in place.

It comes down in the end to each and every mans price. If you are prepared to carry on working for current packages, no prgress will evr be made.

Outwest 6th Jan 2009 23:33


Having said all of this, I suspect that CHC position with Globally employed pilots is they can align them to individual contracts in each are of operations that allows CHC to bid for work at local prices.
With the exception of IP (incentive pay) and per diem, all Global pilots are paid the same, regardless of the location.


Thus a UK North Sea Pilot probably earns substantially more than his collegues say in Thailand.
That is true, but North Sea pilots are not part of Global Operations, which is the group seeking representation.

SARBlade 7th Apr 2009 14:48

:confused: Anyone have any news about the judge's ruling regarding the associations bid to become unionized? Had heard that if judge ruled in favour of the GHPA, then there was a proposal being tabled to unionize.

myassisgrass 9th Apr 2009 06:30

The GHPA is still awaiting the CIRB ruling regarding the claim by CHC that they are NOT the true employer. We had hoped that the CIRB would have had their ruling released by the end of February (as the CIRB vice-chair had suggested) but obviously this has not been the case. So all we can do is wait and see.

BOOMER1 2nd Jul 2009 03:15

Ghpa Certified!!!!!
 
The GHPA has received certification from the Canadian Industrial Realations Board! We are now an official union........groundbreaking news!:ok:

ppheli 2nd Jul 2009 06:29

Really? - the news page on their website ran out of stories 15 months ago!

Outwest 2nd Jul 2009 08:37

That is the pace of the Canadian Government, there was no news to report........until now that is!!!
:ok::ok:

myassisgrass 2nd Jul 2009 10:46

Time to Talk
 
With the recent decision by the CIRB to 'certify' the GHPA and to allow them to bargain collectively for the CHC Global Operations pilots, 'the time has come to speak of many things'.
Instead of being laughed out of the office, management at CHC will have to realize that we are a professional body and that we need our own representation. There are a lot of unresolved issues that absolutely need to be addressed. I sincerely hope that we get the participation we need and that the contract, already overdue, is not too long in coming.

WBlume 3rd Jul 2009 01:49

Congats
 
Sounds like really good news.
The Union was organised at my company over ten years ago and it has been very positive for us in every aspect. Lots of hard work but now you can have a future.
Best wishes.

Hoverboy 3rd Jul 2009 07:26

GHPA is certified!
 
The CIRB has released Order # 9674-U dated June 30th 2009, but I can't find it on their site yet, it should be posted shortly perhaps?

The heart of the matter:

NOW, THEREFORE, it is ordered by the Canadian Industrial Relations Board that the Global Helicopter Pilots Association be, and is hereby certified to be the bargaining agent for a unit comprising:
"all pilots employed by CHC Global Operations (2008) Inc. excluding full time managers, pilots whose primary duty is non-flying base manager and foreign national pilots employed by CHC partner companies."

Reference file No. 26066-C

BOOMER1 4th Jul 2009 09:08

It amazes me when I read the posts on Vertical Magazine regarding the GHPA being certified versus the posts on this site. It seems that there are fewer people excited about the prospect of the GHPA being certified and working together with CHC on the Vertical Magazine forum.

In fact, there are even a few predicting the demise of CHC as a result of this decision. Do these individuals know something the rest of us don’t?:suspect:

Chc Global Helicopter Pilots Unionize - Vertical Online Forums

northseaspray 4th Jul 2009 10:21

Congratulations to the Global Pilots!! This is a big step forward for all helicopter pilots, not only those working for Global. Keep up the good work! :ok:

Plakstift 5th Jul 2009 01:13

Brighter future for all
 
Thanks "Northseaspray".

I agree with your statement. All helicopter pilots will benefit from this, regardless of where they are.

The helo community is a very small one, especially offshore, therefore better working conditions for a large group of pilots like CHC GO will only improve the overall conditions for all of us.

twisted wrench 7th Jul 2009 18:44

Now that CHC Global pilots have a association, what is there to stop CHC Global from letting all the CHC Global employed pilots go and hire them contract from a offshore hiring agency??

Much the same way Schriener hired there crews ( expat pilot/engineers) that worked in Nigeria?

Outwest 7th Jul 2009 23:43


what is there to stop CHC Global from letting all the CHC Global employed pilots go
The law for one. It would be against the law to fire all pilots now that they are certified. Actually against the law without a union, the employer needs "just cause" to fire someone.
Second, we are now a union, so the union would tell all the members not to join the offshore hiring agency. Where would that leave CHC?

No, CHC GO will just have to deal with the union in good faith as CHC Australia, Scotia and Norway does.

This is not a war, we all recognize that CHC GO must be profitable to be viable and it must be viable to provide our jobs. Above all we are looking for fair and equitable treatment.

myassisgrass 8th Jul 2009 15:56

Union Friendly CHC?
 
What sort of company is CHC? Are they 'union friendly' as their lawyer suggested in his closing statement during the last hearings (to determine if CHC is the True Employer)?
We now have less than 2 weeks before the deadline for an appeal with the CIRB. Then there is a separate appeal process through the Canadian Federal Court of Appeals. Will they file both appeals? Will they forget about appealing to the CIRB and appeal directly to the Federal Courts? Do not be surprised that CHC will appeal this for as long as they possibly can. Do not be surprised when CHC asks for a 'stay' in proceedings while the appeals are being processed. We already know (from unofficial sources) that the fight is not over yet. The GHPA has won 3 important battles (all of them so far) and we believe we are right. The CIRB believes we are right and went so far as to declare the GHPA as the collective bargaining agent for the helicopter pilots employed by CHC Global Operations.
Let's see where 'union friendly' CHC GO goes with this. I do not foresee any surprises on this and I fully expect we will be returning to the courts to substantiate our case. When the time comes to sit down and bargain, let's see what goodwill remains. It is time for CHC to rethink their stance on this. The pilots only want representation and a voice when addressing management. Nothing more. We are a viable group of professionals with concerns similar to other professional groups such as airline pilots, doctors, lawyers etc.. We are doing the same work as our brothers in Europe and Australia and yet, we are denied (by CHC) the same rights of organisation.


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