May 20th, 2012
TORONTO – A final last-ditch attempt between Air Canada and its pilots to work out a new contract on their own came to a crashing halt Saturday as talks fell through and arbitration appeared the last resort.
The union representing Air Canada (TSX:AC.B) pilots issued a news release Saturday indicating that 10 days of negotiations failed to produce a deal and the dispute was to go to arbitration.
“To say we are disappointed would be a vast understatement,” Captain Jean-Marc Belanger, Chair of the Master Executive Council of the Air Canada Pilots Association, said in the news release.
“We did everything possible to reach an agreement, paring down our proposals, addressing the airline’s issues and showing flexibility at the bargaining table.”
The union wouldn’t elaborate on what issues are keeping the two sides apart, citing a blackout that was imposed on the talks.
Air Canada also expressed disappointment, but had no further comment. Federal Labour Minister Lisa Raitt’s office did not immediately respond to an email.
The two sides were to meet with federal arbitrator Doug Stanley, likely within days, who would lay out the rules for the arbitration process. The two sides would both submit proposals to Stanley who is to pick one of them as the basis of a new contract.
The threat of a lockout of the pilots prompted the federal government to intervene in the dispute earlier this year with back-to-work legislation. The legislation allowed an arbitrator to impose a settlement.
A similar set up was imposed on the union that represents its 8,600 mechanics, baggage handlers and cargo agents. The ground crews were poised to go on strike at the same time the airline was threatening to lockout the pilots. Air Canada also agreed to hold 10 days of negotiations to try to avoid arbitration, but the status of those talks was not immediately known.
Air Canada has been besieged with troubles from virtually all its major unions. The federal government had to also intervene last year in disputes with the airline’s customer service staff and its flight attendants.
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May 20th, 2012
Staff Reporter
Alexandra Bosanac
Negotiations between pilots and Air Canada have reached a stalemate, forcing the contract dispute to go to arbitration.
The two sides agreed in April to hold 10 days of last-ditch talks to avoid a third-party decision.
Both sides are tight-lipped on the issues keeping them from settling, citing an agreement not to disclose details.
The sides are preparing to submit their final offers to the federally appointed arbitrator, who will pick one of the two. There will be no further negotiations.
Spokespeople from both camps said they were “deeply disappointed” that an agreement could be reached.
“To say we are disappointed would be a vast understatement,” said Captain Jean-Marc Belanger, chair of the master executive council of the Air Canada Pilots Association. “We did everything possible to reach an agreement, paring down our proposals, addressing the airline’s issues and showing flexibility at the bargaining table.”
Pilots are not in a strike position. The threat of a lockout prompted the federal government to intervene in March with back-to-work legislation.
After their contract expired on March 31, Air Canada pilots called in sick en masse to protest the negotiations, which were stalled.
The protests caused flight delays and cancellations across Canada, forcing thousands to make alternative travel plans.
Air Canada has been beset by labour problems in the past 12 months with virtually all of its major unions.
With files from The Canadian Press
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May 17th, 2012
The first court appearance in the union lawsuit to halt hiring decisions at 24 turnaround schools ended with the judge telling the city and unions to resolve their dispute out of court.
Manhattan Supreme Court Judge Joan Lobis urged the city and teachers and principals unions to resolve their contractual disputes through arbitration, rather than litigation. If the two sides would agree to let an independent arbitrator hear their case, then she would not need to rule on the unions’ request for an injunction to halt hiring at the schools.
Union and city lawyers both said they wanted to resolve the dispute quickly because schools would be harmed if hiring decisions are not well before the end of the school year.
“If you’re both saying you need the arbitrator as soon as possible, an injunction would not be necessary,” Lobis said. “If what you’re saying is really sincere, then you’ll get it to the arbitrator as quickly as possible.”
After conferring this afternoon, city and union lawyers accepted Lobis’s suggestion. The two sides are meeting tonight to select an arbitrator and meeting dates, with the goal of resolving the legal questions about teacher and principal staffing at the turnaround schools by early June.
If they agree on an arbitrator, the city plans to continue laying the groundwork for rehiring at the schools. But it would hold back from finalizing any personnel decisions until an arbitrator is agreed upon or the matter returns to court.
Still open for dispute is the question of whether there will be one arbitrator to review both the United Federation of Teachers’s case and the Council of School Supervisors and Administrators case (the unions’ preference), or if two arbitrators will review each case individually (the city’s preference).
The city and teachers union have not had good luck letting a third party referee unrelated disputes in the recent past. After negotiations over teacher evaluations broke down in December, the union asked for a third party to step in. The city has resisted entering mediation even as the state’s labor relations board has twice ordered a mediator to step in.
A teacher from Long Island City High School who listened in on the hearing said the turnaround schools will be harmed regardless of the lawsuit’s outcome. “It’s like they’re pushing Humpty Dumpty off a wall,” the teacher said. “You will have a lot of trouble putting [the schools] back together again.”
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May 17th, 2012
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May 14th, 2012
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May 14th, 2012
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May 11th, 2012
It has been our experience over the last 21 years of property tax service that when we Litigate/Arbitrate values we are successful achieving substantial tax savings for our clients in the majority of those cases. This is the final step in the process of demanding there is no money left sitting on the table. With our staff building appraisal reports utilizing current real estate technologies and many years of experience we have developed a strategy to achieve property tax savings at the highest level. One of the most common issues clients have brought to my attention is they’re worried about filing suit against the government. Think of it this way, it’s not the United States Government that collects your property tax dollars, it’s your local assessor’s office who distributes to local jurisdictions. Another issue I’ve come across is
Fair is to hold the government accountable for arbitrary valuations.
our clients feel filing suit could negatively affect them by upsetting the appraisal district for this action. There are thousands of lawsuits taking place every year and the appraisal district never holds a grudge. CTN will analyze every property after the formal hearing to determine if Litigation/Arbitration is a valid recommendation.
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May 11th, 2012
This blog discusses the latest trends in shipping, affecting shipowners, operators, ports, marinas, shippers, insurers and others with a stake in the maritime industry.
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May 7th, 2012
The nursing home argued the plaintiff signed a mandatory arbitration agreement under a health care proxy executed by his mother before she moved into the home. Wasn’t the arbitration agreement therefore enforceable?
According to the article in Massachusetts Lawyers Weekly, the Judge Paul E. Troy disagreed with the defendant on the grounds that the proxy wasn’t activated ‘properly’, and because the man didn’t have the “actual or apparent authority to waive his mother’s constitutional right to a jury trial.” Specifically, the plaintiff had the right as health care proxy to make ‘any and all’ decisions regarding his mother’s health, on her behalf.
According to Michael R. Rezendes of Quincy, unlike a power of attorney, the plaintiff didn’t have the authority to bind his mother to the arbitration agreement. Does this mean that the arbitration could “fall by the wayside”? Bernard Hamill who represents nursing home plaintiffs considers the circumstances, too: the admissions process for nursing homes shouldn’t include an arbitration clause. Instead, he recommends the agreement could be signed on a separate occasion, after the patient has been admitted.
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May 7th, 2012
The dispute over a two-story-tall sculpture inside Terminal 1 at John F. Kennedy Airport will go to arbitration, a lawyer for the artist said on Monday.
The artist, Alice Aycock, went to court last month to stop the management of Terminal 1 from removing and destroying the sculpture, which it commissioned 14 years ago. The managers plan to cover up a circular opening between two floors and use the space for new food concessions, said Stephen P. Younger, one of the lawyers representing Ms. Aycock and a partner in the firm of Patterson Belknap Webb & Tyler.
A federal judge in Manhattan, Robert W. Sweet, issued a temporary restraining order on April 23 that blocked the start of dismantling the sculpture, “Star Sifter,” the next day.
“We were quite pleased that Terminal 1 agreed to submit to arbitration, which is a quick and efficient way to resolve our dispute,” Mr. Younger said. “We are quite happy that Terminal 1 has also agreed not to remove her sculpture in the meantime. It’s a piece of art that was designed and constructed for this particular site. It can’t be taken out without destroying it.”
Ed Paquette, the executive director of Terminal 1 Management, the company that runs the terminal, did not immediately return a call seeking comment.
In court papers last month, Ms. Aycock said removing “Star Sifter” would violate a contract signed when the management unit hired her to create it. That contract said that “Star Sifter” could be taken down only if “required or necessary.” Ms. Aycock, who is a member of the city’s Public Design Commission and has taught at the School of Visual Arts since 1991, maintained that the food-stand plan did not meet either condition.
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