To CUPE Local 5558 Members,

Devastating news was announced yesterday from Lynx Air regarding the decision they have made to cease operations and close the airline indefinitely.

We understand that this announcement brings uncertainty, and we acknowledge the impact this decision has on each and every one of you. The closure of operations is a significant blow, and it is natural to feel a range of emotions in response to such news. Please know that your feelings are valid, and you are not alone during this difficult time.

While the closure brings about significant challenges, it is important to recognize that our unionized status affords us certain rights and benefits that may help mitigate the impact of these changes.

Even without a collective agreement in place, Lynx CCMs are stronger together as a union. CUPE will continue to advocate fiercely on behalf of Lynx members, fighting for whatever you are legally entitled to during this transition period.

CUPE will continue to represent and assist you to the best of our ability.

If you have any questions, please do not hesitate to contact us.

Dear Lynx Cabin Crew members,

As many of you are aware, the Canadian Industrial Relations Board (CIRB) confirmed CUPE as the legal bargaining agent representing Lynx Cabin Crew Members February 7, 2024.

Lynx Cabin Crew Members are officially CUPE Local 5558.

With this unionization comes certain rights and protections designed to ensure fair treatment and representation for all employees.

One such right that we want to emphasize is your entitlement to request union representation during any meetings with your Team Leader (or any member management) that could potentially result in disciplinary action or involve investigative procedures.

This right is fundamental to safeguarding your interests and ensuring that due process is followed in all matters affecting your employment.

Should you find yourself in a situation where you are being asked to meet with your Team Leader, you are strongly advised to request to have your union representative in attendance.  Your union representative will be there to support you, provide guidance, and ensure that your voice is heard throughout any proceedings.

If you require union representation, please email Brigitte Benoit at bbenoit@cupe.ca.  Please try to provide as much notice as possible prior to the meeting date/time.  The following information is beneficial for your union representative to have prior to the meeting:

1. Issue being discussed at the meeting – is it disciplinary or investigative.
2. Date, time and base of requested meeting – if meeting is occurring in Toronto, please know that union representatives will need to be accommodated virtually.
3. Who will attend this meeting.

Your right to representation cannot be stressed enough.  Having your union representative present protects and supports YOU.

Dear Lynx Cabin Crew Members,

As of today (February 5, 2024) our application is still outstanding with the CIRB. CUPE diligently worked through the application and investigation process, provided all necessary documentation, and addressed all inquiries from the Officers during the review.

While we understand that this delay may be a source of anticipation and concern, it is important to note that the certification process can take time, and CUPE is committed to ensuring that every step is completed thoroughly and accurately.

According to the CIRB website, the Board tries to make decisions on applications for certification within 3 months of receiving them and only agrees to extend these timelines in exceptional cases.  CUPE filed application on November 22, 2023.

Rest assured that we are actively monitoring the situation and will keep you informed of any developments as soon as they arise.

It is also worth noting that, certain provisions the Labour Code prohibit the employer from changing the terms or the conditions of employment of the affected employees after notification of the application has been made.  Lynx CCMs are currently under a statutory freeze.

If you have any questions or concerns, please feel free to reach out to Brigitte Benoit at bbenoit@cupe.ca or 780.991.4528.

Thank you for your continued support and thank you for your understanding.

In solidarity,

Management can:

• Tell employees what they think about a union, express their personal point of view, so long as the employer does not use threats, coercion, intimidation, promises or undue influence.
• Make a pitch for the company or organization and say how good the working conditions are.
• Increase benefits or start to hold monthly, weekly or daily meetings to solve problems.
• Resolve problems that have irritated people for years only minutes after an application notice has been received.
• Continue to pursue their organizational projects and growth plans as a business.

Management cannot:

• Ask whether you or someone you know has signed a membership application card or is thinking of signing a membership application card.
• Ask about union meetings, union activities or if you were involved in organizing the union.
• Discipline a union supporter for doing something employees who don’t support the union also do but get away with.
• Call someone into the office to talk about the union unless that person asks for a meeting.
• Promise wage increases or other benefits if employees reject the union or say they might lose benefits if they’re for the union.
• Tell you the organization will close down or be forced to lay people off because workers have chosen to unionize.
• Suggest management will refuse to deal with a union because the employees have chosen to unionize.
• Deny you accommodation or modified duties because the employees have chosen to unionize.

If you or your colleagues have experienced any negative behaviour or actions like those listed above from Team Leads, Senior Leadership, HR partners, or Executive Staff please document in as much detail as possible what the manager is doing and saying. Then reach out to CUPE National Representative, Brigitte Benoit at bbenoit@cupe.ca or 780.991.4528.

Every employee is free to join the trade union of their choice and to participate in its lawful activities. (Canada Labour Code, section 8(1))

Dear Lynx cabin crew members,

It has been brought to our attention that some employees have been approached by team leads and/or senior leadership about the recent application to unionize.  For some, these conversations with team leads and/or senior leadership have felt negative and intimidating.

CUPE takes these concerns very seriously and has already reached out to our legal department.

The Canada Labour Code (the Code) prohibits the employer from engaging in certain behaviours during this application process (sections 94(1)(a) and 94(3)).  Intimidation and/or threats by management are illegal and could subject Lynx to an unfair labour practice complaint.

If you would like to know your rights under the Code, or to review the listed sections above, click here.

If you are approached by your team lead or anyone from senior leadership asking you about the union, if you are in support of the union or if you signed a union membership application, you do not have to answer.

Lynx does not know the names of the union supporters.

Lynx will never see who signed a union membership application.

Please document any and all attempts by your employer to intimidate or coerce you.  We will need dates, times, locations, names, positions/roles of people present/involved, how you received the intimidation or coercion (was it by email, text, phone call or in-person).

Provide all details to CUPE National Representative, Brigitte Benoit at bbenoit@cupe.ca or 780 991 4528

Dear Lynx cabin crew members,

I am thrilled to announce that CUPE has applied for certification to the Canada Industrial Relations Board (CIRB) last week to become the legal bargaining agent for Lynx Cabin Crew Members.

Our application marks a significant milestone in our journey towards fostering positive change for Lynx Cabin Crew Members.

Many may be wondering what happens after the certification application has been filed. Here are some general steps of what happens now:

• When the Board receives an application for certification, it sends a letter to Lynx acknowledging receipt of the application.
• The letter also includes a copy of the application for certification, a Certificate of Posting, a Notice to Employees, and a schedule for the filing of documents that the parties must follow.

NOTE: the copy of the application Lynx receives does not disclose the names of the union supporters, only the number of supporters that have successfully completed both the application and fee payment. Lynx will never see who signed a union membership application.

• Lynx must post the Notice to Employees and the application for certification in the workplace for 15 calendar days in a place that can be seen by all employees affected by the application. You may see this Notice in your crew rooms. Lynx may also send this Notice to CCMs via company assigned email.
• Lynx must complete the Certificate of Posting and send it to the Board along with a current list of employees and an organizational chart within 5 calendar days of receiving the Board’s letter.
• Lynx will have 10 calendar days to respond to the application.
• CUPE will have 5 calendar days to reply to any responses received.
• The Board will appoint an Industrial Relations Officer (IRO) to complete an investigation and oversee the conduct of the file.
• The IRO will contact some of the union supporting employees to confirm the validity of their membership application.
• If CUPE successfully demonstrates that a majority of employees support unionization, then the Board may grant the application and certify the union without holding a representation vote.
• The Board tries to make decisions on applications for certification within 3 months of receiving them and only agrees to extend these timelines in exceptional cases.

As we await the outcome of our application, let’s remain united and continue to stay strong in our efforts to stand up for change.

Thank you all for your unwavering support.

In solidarity,

Dear Lynx cabin crew members,

CUPE Organizing is excited to invite you to our upcoming Information Sessions, where you will gain valuable insight about joining CUPE and discuss the importance of becoming a union member.

Event Details:

Information session #1 – Monday November 13^th virtually via ZOOM at 10:00mst/12:00est
To register, click here.

Information Session #2 – Wednesday November 15^th virtually via ZOOM at 18:00mst/20:00est
To register, click here.

Information Session #3 – Friday November 17^th virtually via ZOOM at 1300mst/1500mst
To register, click here

Agenda:

• Introduction to CUPE
• What happens after I sign my card?
• What do we need to file for certification with the Board?
• What is the process to create a collective agreement?
• Open Q&A

These information sessions are designed to address some of the commonly asked questions Lynx cabin crew members have regarding the unionization process.

The open Q&A is your chance to get your questions answered directly from a CUPE organizer.

Please register for one (or all) of the information sessions to secure your spot.

In solidarity,
Brigitte Benoit (she/her)
National Representative – Organizing

CUPE’s Airline Division is calling on flight attendants across Canada, including its 18,500 members, to share their stories of unpaid work, to help bolster the union’s effort to end the abuse of unpaid work in the airline sector.

CUPE has prepared a survey where members can share their experiences, which will contribute to the union’s application under the Canada Labour Code to the Canada Industrial Relations Board. The survey is open to Lynx flight attendants, even though we’re not represented by CUPE (yet).

Do you have examples of unpaid work you’ve performed for your airline that you want to share as part of this effort? You can fill in the survey here: https://survey-sondage.cupe.ca/index.php/769241?lang=en

Ready to join the movement for a union and better treatment at work? Sign your card today.

Thank you to all who have shown support for organizing a union. This is a big job, and we are so grateful to everyone who contributes.

Throughout the drive, employees have been actively working with two representatives from CUPE. Both have worked as flight attendants and both have experience organizing unions at airlines.

We know there are questions about “what happens now” and we wanted to provide some insight into the union certification process.

The unionization process:

1. Obtaining the basics: As mentioned, the employee group has been actively working on the important groundwork we need to ensure a successful unionization drive. This includes building an accurate list of employees that would make up our future bargaining unit.  Having an accurate list and knowing the total number of employees will give us a clear understanding of the number of signed supporters we need to submit to the Canadian Industrial Relations Board (CIRB).
2. Membership cards: The first step in unionizing is the collection of membership applications and the respective initiation fee. Signing a membership card and paying the required $5.00 fee, will be your way to express your support for the union.When a majority of workers sign a card, an application to the CIRB can be filed and it will trigger the formal process of unionization.Membership cards are only valid for 6-months after the first signature.  Ideally, we want file before the expiration of any signatures however, it may be necessary to ask employees to re-sign should timelines be delayed.We do not want to file prematurely because if we file without all of the information the Board needs or if we file without enough support, the Board could dismiss our application and we may have to wait 6 more months before filing a new application.It is because of these limitations and rules that our organized work must be completed before we apply.

3. Application Process: After submitting an application, the CIRB acknowledges receipt and begins its process, including:
   • Notifying the employer, employees and other affected persons of the application. The employer must post the Notice to Employees and the application for certification in the workplace for 15 calendar days in a place that can be seen by all employees affected by the application.
   • Conducting investigations and holding hearings to make sure the union applied at the right time, with the necessary level of employee support, and according to the established requirements;
   • Making sure the group of employees in question is a unit that is appropriate for collective bargaining;
   • If the union can show that a majority of employees (50 percent + 1) support it, then the Board may grant the application and certify the union without a vote. This is often the case when the application is not disputed. If the union can show that between 35 and 50 percent of employees support it, then the Board will order that a vote of employees be held.  If a majority of employees vote yes, a union is certified.
   • Issuing certificates for successful applications.
4. Establishing the Local: If the majority of employees vote in favor of union representation, the CIRB will issue the certificate and you and your colleagues will become a recognized bargaining unit.The new local will be assigned a CUPE servicing representative who will work to support the new local to establish things like elected officers, local bylaws and file the notice to bargain to the employer, triggering the process to commence negotiations. This phase is aimed at establishing a collective agreement that outlines the terms and conditions of employment.

We respect your right to make decisions that affect your workplace, and we are committed to ensuring a fair and respectful unionization process.

If you haven’t already done so, you can easily sign a union membership card directly on our website CUPE: The union for Lynx Flight Attendants.

Signing an electronic membership card is a 3-step process. 

1. Click the Sign a card – CUPE – the union for Lynx flight attendants link at the top of the home page.
2. Click “Get started signing your union card” and input your information – name and email – and request an electronic card.
3. Once you request the electronic card, you will need to go back and click the PayPal icon to pay the $5.00 initiation fee.  You do not need a PayPal account to pay.

**Note – your electronic card will be sent to you via email from Adobe sign (adobesign@adobesign.com).  Please check your junk mail or spam folder if you cannot find it in your inbox.  If you cannot find it, please respond to this email and a new electronic card will be sent out.**

We hope this communication provides some insight into what has been going on.  The organizing work continues.

Please help up get this done so Lynx Cabin Crew Members can finally get the legal representation they deserve.

A ‘statutory freeze’ or ‘stat freeze’ is a law preventing the employer from making changes to employment conditions pending a union certification.

From the period that a union starts to sign up member, until a first contract is negotiated, employers cannot change wages or conditions of employment without agreement of the union. Employers continue to hold their rights to manage employees and direct the business.

The ‘stat freeze’ exists so that employers cannot try to destabilize or erode employee support for the union.

Without this rule in place, employers have been known to increase wages to non-union supporters, while finding many ways to punish the supporters.

However, even during a ‘Stat Freeze’, an Employer cannot delay or withhold an expected wage increase or a remove or change benefits.

Some crew members may be concerned that the ‘Stat Freeze’ limits the Employer from giving perks like wage increases.  This is untrue.  Should Lynx want to provide wage increases to the cabin crew members during the ‘Stat Freeze’ period, Lynx need only negotiate the proposed wage increase with the union.  As long as the perks are fairly and evenly distributed, CUPE would never say no to better wages.

Having a union means the employer can no longer provide benefits to some and not others.

If Lynx wants to increase wages for cabin crew, they can do it right now.

Instead of asking yourself what if they do, you should ask yourself why haven’t they?