Berry et al. v. Pulley et al. Class Proceeding

Notice of Approval

Settlement of class proceeding known as Berry v. Pulley

(LAWSUIT BY AIR ONTARIO PILOTS OVER THE NON-IMPLEMENTATION OF THE PICHER SENIORITY AWARD)

Download Notice of Approval (PDF).

PLEASE READ THIS NOTICE CAREFULLY. THIS SETTLEMENT MAY AFFECT YOUR LEGAL RIGHTS.

You should read this notice if you are a pilot who was employed by either Air Ontario or Air Canada, including pilots on furlough, and who was a member of CALPA during the period March 28, 1995 (the date of arbitrator Picher’s first Award) to November 14, 1995 (the date on which ACPA was certified as the new bargaining agent for Air Canada pilots).

Why this notice has been published

YOU ARE GIVEN NOTICE because you are either a member of the Plaintiff class or may be a member of Defendant subclass 7 in this class proceeding.

You are a member of Defendant subclass 7 if you are a Defendant in this action and did not sign the pilot solidarity document (circulated April and May 1995) and you did not communicate with Air Canada management prior to November 8, 1995 for the purpose of preventing implementation of a merged seniority list between Air Canada pilots and the Connector pilots.

The Representative Defendants for subclass 7 have accepted a settlement offer made by the Representative Plaintiffs. This Settlement has now been approved by the Ontario Superior Court of Justice pursuant to Section 29 of the Class Proceedings Act, 1992. A copy of the Court’s Order approving the settlement is attached to this notice at Schedule “A”.

All members of the Plaintiff class and all members of Defendant Subclass 7 who satisfy the terms of the Settlement are now bound by its terms.