Sunwing pilots have filed a complaint at the Canada Industrial Relations Board, alleging their employer bargained in bad faith during last year’s labour negotiations, because the employer already knew the company was being sold to WestJet.

Unifor, the labour union that represents the pilots, says it would have taken a different bargaining position – and not accepted concessions -- if it knew about the potential sale.

"Despite management reassurances that the company was not a candidate for a sale or merger, Sunwing was sold to WestJet shortly after the collective agreement was signed – a huge slap in the face," said Scott Doherty, Unifor's Executive Assistant to the National President.

Unifor and Sunwing reached a tentative agreement on Jan. 23, 2021. In the complaint, the union states that less than two weeks later, the Globe and Mail published a story where Sunwing CEO Stephen Hunter is quoted as disclosing that Sunwing had received a purchase offer from an unnamed company. In the same article, Unifor says, an unnamed executive source told the media outlet WestJet and Sunwing had previously discussed a potential deal.

The union and Sunwing ratified the four-year deal on February 12, 2021.

"It was of paramount importance to the union to receive assurances from the employer that it was not discussing a sale to WestJet, as any potential sale would have had important consequences on the union's positions with respect to bargaining," the filing reads.

Unifor says the Canada Labour Code imposes a duty on the parties to a collective agreement to bargain in good faith, including to answer honestly whether it will likely implement changes during the term of a proposed agreement that may have significant impact on the bargaining unit.

On March 2, 2022, Sunwing and WestJet announced that WestJet would be acquiring Sunwing, pending regulatory approvals.

"Sunwing pilots recently negotiated a contract that made several concessions with the understanding the pandemic had placed major financial pressures on the airline. It's not only the employer's duty to bargain in good faith – it's the law," said Barret Armann, President of Unifor Local 7378, the union that represents 452 Sunwing pilots.

"Had this sale been transparent during bargaining, we could have pushed to include job security language in case of acquisitions."

Armann added: "If Sunwing is worried about staffing issues, recruitment, retention and want their employees to work hard, going that extra mile, the easiest thing they could do is roll back the concessions and be honest about the future. Treat your pilots well and both parties can share in the long term success. We all want a future that's bright."