After lengthy discussions without progress, 10,000 Air Canada flight attendants initiated a strike in the early hours of Saturday. Following this, the federal government intervened by ordering binding arbitration to end the strike, expecting a resolution. However, the union representing the flight attendants announced on Sunday that they would not comply with the back-to-work directive and would continue the strike.
Here are the key details:
1. Government Involvement:
The federal government utilized a controversial provision of labor law to halt the strike that commenced at 12:58 a.m. ET on Saturday. Minister of Jobs, Patty Hajdu, invoked Section 107 of the Canada Labour Code, granting her the authority to terminate a work stoppage to uphold industrial peace. She directed the Canada Industrial Relations Board (CIRB) to mandate both Air Canada and the striking employees to return to work. Air Canada confirmed being instructed by the CIRB to resume operations and have the flight attendants back on duty by 2 p.m. ET. Minister Hajdu emphasized that her intervention was necessary to prevent significant adverse effects on Canadians and the economy due to the potential disruptions caused by the strike.
Recently, Section 107 has gained prominence, with the Liberal government using it in various major disputes last year. Unions are challenging the government’s repeated use of this section, arguing that it infringes on Canadians’ right to strike and hampers the negotiation process.
2. Union’s Defiance:
The Air Canada Component of the Canadian Union of Public Employees (CUPE) declared their intention to defy the CIRB’s back-to-work order. Picket lines persisted at airports in Toronto, Montreal, Vancouver, and Calgary. The union cited a perceived conflict of interest involving the CIRB chair, Maryse Tremblay, who had previously served as legal counsel for Air Canada. The union vowed to challenge the order, asserting that it violates the Charter rights of the flight attendants, many of whom are women, and all of whom allegedly perform unpaid work hours at their jobs.
Air Canada and CUPE have been negotiating a new contract post the expiration of the previous ten-year agreement in March. Contentious issues include wages, work regulations, and unpaid work hours under the current compensation structure.
3. Potential Consequences for the Union:
Although the government has invoked Section 107 multiple times in recent years, it is uncommon for a union to defy a CIRB mandate. The union could face substantial penalties, including fines, termination of workers, and potential legal actions for disregarding the back-to-work order. However, there is a possibility that the union’s non-compliance may garner support from the broader labor movement, potentially leading to a favorable outcome for the flight attendants.
4. Flight Operations Impact:
Air Canada announced the suspension of plans to resume operations following CUPE’s decision to continue the strike. Consequently, 240 scheduled flights have been canceled, with operations set to resume on Monday evening. The airline is yet to clarify how it intends to manage these flights in the absence of returning flight attendants. Flights operated by Air Canada Express, managed by Jazz and PAL, remain unaffected.
Approximately 130,000 customers are expected to be affected daily during the strike duration. Air Canada advises affected customers against going to the airport unless they have confirmed alternative flights. The airline offers various options for impacted travelers, including refunds, credit for future travel, and rebooking on other carriers, albeit with limited capacity due to the peak summer travel season.