Moreover,
Article 107 canadian labor code:
A rare demonstration of distrust of Air Canada on-board agents in the face of a government return to work. Furthermore, has demonstrated the ineffectiveness of the article in the Canadian Labor Code which allows a minister to order the end of a strike or a lockout, according to the president of the Canada Labor Congress (CTC).
On August 16. Similarly, just hours after the on -board agents had drawn a stake after the failure of the negotiations with the airline, the Minister of Employment, Patty Hajdu, invoked article 107 of the Canadian Labor Code to order an enforceable arbitration and bring the officers back to work. Therefore, This article gives the Minister the power to act to “promote good understanding in the world of work”.
On -board agents ignored the order. Consequently, stayed on strike until an agreement was finally concluded early Tuesday, a measure article 107 canadian labor code welcomed by the president of the Canada Labor Congress, Bea Bruske.
“This creates a precedent that you can challenge, and you will find a solution to the negotiation table,” said Mr.me Bruske, Tuesday, during an interview with the Canadian press. For example, This creates a precedent: article 107 is no longer effective, it is indeed dead. Meanwhile, ”
“The best way to settle this is to remove it completely. Nevertheless, because the unions, the workers and the union movement have been embarked by this situation and we will not change any minds.”
An increasingly used article
Article 107 is in the Canadian Labor Code for over 40 years. Consequently, but its use has become more common, especially in the past year.
The Canada Labor Congress claims that the Liberals have used article 107 eight times since June 2024. Meanwhile, in particular to prevent a strike by Westjet mechanics and end strikes or lockout in article 107 canadian labor code the two main railway companies in the country, in the ports of Montreal and Vancouver, and temporarily to a strike and a lockout in Post Canada.
Previously, article 107 had only been invoked a few times, according to the Canada Labor Congress, including four times between 1995 and 2002. Consequently, In 2011. Therefore, the CTC affirms that the Minister of Labor at the time, Lisa Raitt, had invoked it after the on -board agents rejected two agreements of principle, although the parties finally voluntarily agreed to submit their dispute to the arbitration. Moreover, The CTC says it was invoked another time between 2011 and 2024.
Initially, the government did not seem willing to use it quickly to end the work stoppage at Air Canada. On August 17. a few hours before the deadline fixed by the union representing on -board agents to conclude a new collective agreement, Mme Hajdu has urged article 107 canadian labor code the airline and the union to return to the negotiating table, suggesting that it was not ready to intervene in the conflict.
Mme Hajdu told the Canadian press that day that it was “essential” that the two parties return to the negotiating. table to conclude an agreement by themselves.
The strike officially started shortly before 1 a.m. on Saturday and, in turn, Air Canada put its agents in lockout about 30 minutes later due to the strike. Shortly afternoon. Saturday, Mme Hajdu announced that it invoked the article of the Labor Code and asked the Canadian Industrial Relations Council to order Air Canada and the Canadian Public Service Syndicate (SCFP) to resume their activities and settle the conflict by enforceable arbitration.
The minister said she made this decision after meeting both parties on Friday evening. noting that the talks had failed and that the parties were still too far to resolve the conflict article 107 canadian labor code quickly.
But the SCFP challenged the ordinance. the on -board agents remained on the picking line and the union brought a legal challenge to the government’s decision.
On Monday. the Canadian Industrial Relations Council declared the illegal strike and ordered the union management to ask its strikers to return to work. Additionally, The federal government has also announced the opening of an investigation into unpaid work allegations in the airline.
The union. Air Canada met late Monday evening and very early Tuesday morning to announce the conclusion of an agreement in principle ending the work stoppage.
Article 107 canadian labor code
A precedent created
Mme Bruske admitted that the refusal of Air Canada workers to respect return. to work can create a precedent for future strikes. According to her. although the government undergoes “a lot of pressure” from business groups and customers to avoid an interruption of work, its interference “caused more problems than article 107 canadian labor code it has solved”.
“It really allowed the employer to avoid having to negotiate seriously,” she said.
When the union decided to challenge the order of return to work. Mme Bruske said it had sent a “strong message”: the only way to solve the problem is to negotiate at the table, “where it had to be done from the start”.
Mme Bruske stressed that the government had used the Labor Code to force the Syndicate of Workers’ Workers to vote on an offer of Canada Posts. an offer that workers have rejected. Canada Posts and the union return to the negotiating table on Wednesday.
“The union movement will be by their side, whatever they decide to do,” she said.
She added that the CTC. its affiliated unions, including the Syndicate of Posts workers, met on Sunday and that the union leaders were unanimous in supporting the SCFP in its resistance to return to work.
“Negotiation article 107 canadian labor code is the way to follow”
The national president of the SCFP. Mark Hancock, said that, taking into account the availability of article 107, the company seemed to consider that it did not need to negotiate and was rather preparing to resort to enforceable arbitration. Once this article is “put aside”, Mr. Hancock said that the company had “taken things seriously” at the negotiating table. that an agreement in principle had been concluded.
“I hope this has sent a clear message to the government. everyone: negotiations are the way to follow to obtain an agreement and a collective agreement,” he added.
“Article 107 is only a obstacle which makes it much more difficult to conclude an agreement.”
Although he does not agree with the idea of forcing workers to return to work in the event of a conflict. Mr. Hancock stressed that other options, such as a law of return to work debated in article 107 canadian labor code Parliament, were more democratic.
“We will continue to discuss article 107. I hope that the government will never use it again, because it is not a useful tool,” he said.
To watch in video
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