View cases - Stewart McKelvey

Page: 118Duke explained why a schedule could not be generated in these circumstances: see transcript, atpp.1411-1417. It was open to the Tribunal to reject this explanation, but its statement that “noexplanation” had been provided once again suggests that the evidence on this point was overlooked.[458] The Tribunal also found that the evidence was “lacking” as to the potential cost that wouldbe incurred by Air Canada if it were required to hire at least one additional pilot while continuing topay reserve pilots whose services could not be utilized: Tribunal decision #2, at para. 126.2011 FC 120 (CanLII)[459] However, Air Canada had actually provided detailed evidence as to the cost of hiringadditional pilots in order to ensure that its reserve requirements were met. Captain Duke testifiedthat the average salary and benefits for an Air Canada pilot is $177,000 per year. Mr. HarlanClarke, the Manager, Labour Relations at Air Canada, explained the pay system and pay rates forAir Canada pilots under the terms of the Air Canada/ACPA collective agreement. Mr. Clarke alsotestified that reserve pilots are guaranteed a minimum payment of 71 hours of pay per month.[460] No explanation was provided by the Tribunal as to why this evidence was “lacking”. Thusthis element of the Tribunal’s decision thus lacks the transparency and accountability required of areasonable decision.[461] While agreeing that there were problems with the Tribunal’s analysis, Messrs. Vilven andKelly urge me to find that its overall conclusion that a bona fide occupational requirement defencehad not been made out by Air Canada was reasonable. They say that all of the logistical andscheduling problems identified by Captain Duke could be eliminated if Air Canada simply required