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Pilot at top of Air Canada seniority list files complaint with CIRB over mandatory retirement issue

Jurisdiction: - Canada/Federal
Sector: - Transportation

The Globe and Mail has a story today ("A pilot's quest to remain at the top") on the latest chapter of the long-running dispute between Air Canada, the Air Canada Pilots Association ("ACPA") and individual pilots over the airline's mandatory rule. 

There are 3,039 pilots on the seniority list. Michael Ennis, who joined Air Canada in 1972, rose to the top of the list in February 2010.  He turns 60, however, in April of this year and is being forced to retire by the airline.

The ACPA has apparently declined to represent him in this matter, thus prompting him (and two other pilots) to file complaints against the ACPA with the Canada Industrial Relations Board (CIRB) yesterday.

I am presuming that they are duty of fair representation complaints. As stated on the CIRB's website:

Under section 37 of the Canada Labour Code, a union or its representative must fairly represent all employees in the bargaining unit, with respect to their rights under their collective agreement, whether or not they are union members.

Ennis and the other pilots who filed the complaint are being backed  by the Fly Past 60 Coalition.

I have written several previous posts about the Vilven case, which also concerns Air Canada's mandatory retirement rule. My most recent post was on November 11, 2010 ("Canadian Human Rights Tribunal issues remedies decision in Air Canada pilots mandatory retirement case").