An arbitrator has dismissed a union grievance seeking guaranteed full-time hours for a union representative at Swissport Canada, ruling that collective agreement language does not promise 40 hours weekly regardless of available work.
The decision affects how employers interpret union representative provisions in collective agreements, particularly when operations face significant reductions. The ruling came after Swissport reduced a union chairperson’s hours to match those available to other workers following dramatic cuts to flight operations at Calgary International Airport.
The International Association of Machinists and Aerospace Workers filed the grievance on behalf of the union chairperson, who had worked at the airport since 1985 and held the union role for approximately 20 years.
Pandemic forces major workforce cuts
Swissport employed about 160 bargaining unit workers at Calgary airport before COVID-19 but was forced to conduct mass layoffs when air traffic collapsed in March 2020. The workforce dropped to just 45 employees by January 2021 and stood at 66 workers as of April 2025.
Flight operations fell from serving multiple airlines with frequent daily flights to handling only seven flights over five days weekly. The company now serves three airlines: Cargolux once weekly, and Condor and Edelweiss three times each weekly.
During the pandemic, the union cooperated with cost-reduction measures, including relocating employee parking to reduce expenses and accepting that the union chairperson would work reduced hours alongside other ramp agents.
Union claims full-time guarantee
The union argued that Letter of Agreement No. 4 in the collective agreement guaranteed full-time employment for the chairperson position. The provision states the union chairperson “will be a full-time position, employed normally on a day shift Monday to Friday in order that they will be available to discuss Union matters with both the membership and management.”
In April 2024, union representatives sent management a letter stating they were “reinstating the Union Chairperson role” effective May 1, 2024. Swissport paid the chairperson for 40 hours weekly from May through August 2024 while the dispute was under review.
The union noted that similar collective agreements at other Swissport locations across Canada include specific limits on union representatives’ hours based on operational size, while the Calgary agreement contained no such restrictions.
Company disputes interpretation
Swissport argued the union chairperson role is not a company position but rather a union role filled by an elected bargaining unit member who maintains regular employment duties. The company maintained that when insufficient work exists for full-time ramp agents, the chairperson cannot be released from regular duties for 40 hours weekly.
The company’s vice-president of human resources testified that at other locations, union representatives can only be released from regular duties for the same number of hours they are scheduled to work in their primary role.
During 2022 collective bargaining, when ramp agents were already working reduced hours, neither party discussed modifying the “full-time position” language despite negotiating changes to the union chairperson’s wage structure.
Decision interprets contract language
The arbitrator concluded the collective agreement does not guarantee 40 hours weekly for the union chairperson position. The decision found that “full-time position” means the union will elect someone already employed full-time who works Monday to Friday, ensuring availability for union duties during regular business hours.
“The Union Chairperson is not a ‘position’ with the Employer. It is a ‘position’ within the Union,” the arbitrator stated.
The arbitrator noted that Article 17.01 of the collective agreement states that “nothing in this Article shall be construed as a guarantee of, or limitation on, the hours of work per day or per week” unless specifically addressed elsewhere.
The decision found Letter of Agreement No. 4 does not specifically address such a guarantee, particularly given the airline service industry’s dependence on flight activity and the union role’s elected nature.
Past practice supports employer position
The arbitrator found the union’s conduct during the pandemic supported Swissport’s interpretation. Despite reduced hours from 2020 through 2024, the union did not challenge the arrangement until 2024, and the chairperson continued bidding on shifts like other ramp agents.
The decision also referenced Article 8.04 of the collective agreement, which requires shop stewards to obtain supervisor permission before leaving regular duties to handle union matters, confirming that union representatives must prioritize their regular work assignments.
The arbitrator cited established arbitral law stating that when management takes action with union knowledge and no objection is raised, “the only reasonable inference the employer can draw is that its position is acceptable.”
Swissport will not seek repayment of amounts paid to the chairperson during summer 2024 while the matter was under consideration.
