After months of stagnant negotiations, 10,000 Air Canada flight attendees left work on Saturday morning. The Federal Government intervened in hours later to order binding arbitration, which forced the strike, or that thought.
The union that represents the Air Canada flight attendees said on Sunday that it would challenge the order to return to work and remain on strike.
Here is everything you need to know:
1. Government Intervention
The Federal Government used a contentious section of the Labor Law to intervene and stop the strike, which began at 12:58 am et on Saturday.
The Minister of Jobs, Patty Hajdu, invoked section 107 of the Canadian Labor Code, which gives the Minister the power to order the end of a work strike to “maintain or ensure industrial peace.”
Hajdu used his powers to lead the Canada Industrial Relations Board (CIRB) to order both the airline and surprising workers to work. Air Canada said Sunday that it had been led by the CIRB to resume operations and make flight attendees return to their duties at 2 pm et.
Hajdu said he chose to intervene in the labor dispute because “the potential for immediate negative impact on Canadians and our economy is simply too great.”
“Now is not the time to take risks with our economy,” Hajdu said a press conference in Ottawa on Saturday. “A work strike would cause thousands of Canadians to be stranded abroad and in this country, and this is simply unacceptable.”
Jobs Minister Patty Hajdu, said she has invoked section 107 of the Canada Labor Code to order binding arbitration between the airline and its union and has ordered that the operations resume. Air Canada previously requested Hajdu to intervene with a binding arbitration order, which is one of the powers granted to the minister through section 107 of the Code.
Until recently, section 107 was relatively unknown legislation. But last year, the liberal government invoked it in several important disputes: send unionized employees to work in Ports, Rail Yards and Post Canada.
The unions are taking the federal government to the courts for their repeated use of section 107, arguing that it violates the constitutional right of Canadians to attack and sour the negotiation process.
2. Union challenges the order to return to work
The Air Canada component of the Union of Public Employees of Canada (CUPE) said Sunday morning that it will challenge the order to return to the work transmitted by the CIRB.
The picket lines remain outside the airports in Toronto, Montreal, Vancouver and Calgary.
In a statement on Sunday, the union pointed out “an amazing conflict of interest” that involves the president of CIRB, Maryse Tremblay, who served as legal advisor to Air Canada for almost seven years from 1998 to 2004, according to his LinkedIn profile.
Air Canada’s flight attendees will challenge the order to return to work and remain on strike after the Federal Government ordered binding arbitration to end the work strike, the Canadian Union of Public Employees to Radio-Canada said on Sunday. The union also accused the Minister of Federal Jobs, Patty Hajdu to knock down Air Canada’s demands, ordering binding arbitration on Saturday.
Air Canada had been advocating in recent days so that government intervention solves the dead end.
“We will challenge this blatantly unconstitutional order that violates the rights of the 10,000 hostesses, 70 percent of which are women and 100 percent of which are forced to do hours of work not paid by their employer each time they come to work,” said the union.
Air Canada and Cupe have been negotiating a new contract for hostesses after the previous 10 -year contract expired in March. Cupe says that wages, work rules and unpaid hours are the great containment problems.
According to CUPE, many tasks performed by the hostesses before addressing and after the dequillary, including the performance of required security controls and attending passengers, are not paid under the current salary structure.
3. Possible union sanctions
The federal government has invoked section 107 several times in recent years. But it is unusual for a union to challenge a CIRB order.
“The sanctions could be significant” for the Union, said Labor Law expert Adam King to CBC News in an interview.
Challenging a legal order to return to work could result in fines for the union or the workers who are dismissed. It could also lead to criminal prosecution in some cases.
Hundreds of Air Canada flight attendees demonstrated outside Vancouver International Airport on Saturday. The strike caused a warning for passengers to avoid the airport unless they have confirmed a reserve in a different airline. Shaurya Kshatri informs.
In 1978, members of the Canadian postal workers were ordered during a national strike. Jean-Claude Parrot, the president of the union at that time, challenged that order, with the workers who remain in the picket lines for a week after it was issued. Parrot was imprisoned for two months to refuse to comply.
But King said that CUPE’s refusal to fulfill can work in favor of the Union.
He pointed out the example of the Ontario government, Prime Minister Doug Ford, ordered CUPE’s educational workers to work back when they were on strike in 2022.
“All the labor movement in the province responded with the threat of a general strike. And the government was forced to go back and remove its legislation,” King said.
“If something similar happens here, we might not see sanctions. If the work is mobilized in support of the hostesses, they could be victorious in this.”
CBC News contacted Hajdu to comment on how the government will respond.
Although Hajdu asked the CIRB to deliver the order, his office addressed the questions to the Board.
“Like many Canadians, the minister is monitoring this close situation. The Canada Industrial Relations Board is an independent court. See their question,” a statement to CBC News of Hajdu press secretary, Jennifer Kozelj, on Sunday afternoon told CBC News.
CBC News has communicated with the CIRB to comment and will be updated with any response.
4. What does this mean for flights?
Air Canada said in a statement on Sunday that it will suspend the plans to resume operations after CUPE indicated its intentions to remain on strike. The airline says that 240 flights that were scheduled to operate from this afternoon have now been canceled.
The airline said it will resume flights from Monday night.
Since the hostesses refuse to return to work, it is not clear how Air Canada plans to operate these flights. CBC News has communicated with the airline for clarification.
Air Canada Express flights, operated by Third Jazz and Pal, are not affected.
Around 130,000 clients will be affected every day the strike continues, said the airline last week.
The largest airline in Canada is now based mostly after a strike deadline for more than 10,000 Air Canada flight attendees passed. Hundreds of flights have been canceled, impacting more than 100,000 travelers and leaving some stranded.
The airline says that customers whose flights have been canceled will be notified and will “recommend” that they do not go to the airport unless they have confirmed flights in other airlines.
Air Canada says that it will offer those with canceled flights other options, including a refund or credit for future trips. For customers who must travel soon, the airline said it will also offer to reserve customers in other carriers, “although the capacity is currently limited due to the maximum summer trip season.”
