There is chaos in the skies — or more precisely, on the ground — as the labour dispute between Air Canada and its 10,000 flight attendants, represented by the Canadian Union of Public Employees (CUPE), drags on.
On Saturday, the federal government ordered the striking attendants back to work and declared there would be binding arbitration between the two parties by the Canadian Industrial Relations Board (CIRB). But the union said no, a decision that could end in jail time for its leaders. Here’s what to know.
Can the union just ignore the CIRB ruling?
So far, it seems they can.
“Air Canada has really refused to bargain with us, and they refused to bargain with us because they knew this government would come in on their white horse and try and save the day,” CUPE national president Mark Hancock said. He said the union felt the “whole process has been unfair.”
On Monday, the CIRB reiterated that the strike by the flight attendants was illegal, and has ordered the union’s leadership to direct its members to return to work. The union said it has received National Post’s request for comment and will respond soon.
Meanwhile, labour experts say this has happened before, but rarely.
Sundeep Gokhale, an employment and labour lawyer and partner at Sherrard Kuzz LLP, told
CTV News
on Monday: “We haven’t seen this type of defiance in quite a long time in terms of an outright refusal despite government orders as well in legal decisions requiring employees to return to work.”
In 1978 a strike by the Canadian Union of Postal Workers was met with back-to-work legislation. When the workers refused, the government
arrested the entire CUPW national executive.
A month later, a federally appointed judge sentenced union president Jean-Claude Parrot to three months in jail and 18 months’ probation for defying Parliament.
Hancock seemed aware of the precedent when he told reporters on Monday: “We will not be returning to the skies. If it means folks like me (are) going to jail, so be it.”
Where does all this leave travellers?
In a word, stranded. Air Canada cancelled hundreds of additional flights on Sunday in the wake of the union’s response. The airline has said it will do what it can to rebook passengers on other airlines, but this is a busy time of year for flying, and there are limited alternatives available.
In a statement
, Air Canada noted the illegal nature of the strike and said that it estimates 500,000 passengers’ flights have been cancelled thus far.
On Sunday,
the airline said
it had suspended its plan to resume limited flights by Air Canada and Air Canada Rouge, saying that CUPE “illegally directed its flight attendant members to defy a direction from the Canadian Industrial Relations Board (CIRB) to return to work.”
It added: “The airline will resume flights as of tomorrow evening.”
However, the
latest information
on the Air Canada website states: “All Air Canada and Air Canada Rouge flights have been cancelled until further notice.” It adds: “Please do not go to the airport unless you have a confirmed booking on another airline. We will notify you of all impact to your flight itinerary.”
Who ordered the binding arbitration?
Patty Hajdu, Minister of Jobs and Families and Minister responsible for the Federal Economic Development Agency for Northern Ontario,
issued a statement
Saturday regarding the collective bargaining negotiations between Air Canada and CUPE, ordering binding arbitration between the two sides, under section 107 of the Canada Labour Code.
“I am exercising this authority because it is critical to maintaining and securing industrial peace, protecting Canadians and promoting conditions to resolve the dispute,” she said. “Despite the parties’ resolution of several key differences, the CIRB (Canadian Industrial Relations Board) is best positioned to help them find a solution on the outstanding items.”
She added: “Once again, I urge the parties to work towards a fair and timely resolution.”
What did the union say to that?
CUPE said it would challenge the order by the CIRB that said its members must return to work on Sunday.
“Our members are not going back to work,”
Hancock said
outside Toronto’s Pearson Airport’s departure terminal, where union members were still picketing on Sunday. “We are saying no.”
Hancock then ripped up a copy of the back-to-work order as a way to signal to Air Canada that “we’re ready for a big fight.”
As on Monday after, the union has said it will continue its strike action, defying the government’s order.
With files from The Canadian Press
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