Air Canada conflict: the union continues the strike despite federal orders

For the second time in two days, Air Canada on -board agents and their union have chosen to challenge a Canadian industrial relations council order (CCRI) and continue the strike, now declared “illegal”.

Under a decision issued by the CCRI Early on Monday, the union had to demand that its members return to work on Monday noon. Air Canada planned the resumption of certain evening flights.

Inviting the constitutional right to strike, the Canadian Public Service Syndicate (SCFP), however, said at a press conference on Monday afternoon that he did not intend to fold it and that he would continue the means of pressure.

Real negotiations cannot take place if one of the parties counts on the government to withdraw the rights of the other and that is what happened heresaid the national president of SCFPMark Hancock.

Intervention d’Ottawa

Only a few hours after the shot of the strike of on Saturday, the Minister of Employment of Canada, Patty Hajdu on Saturday, asked the CCRI to impose an enforceable arbitration and to force a return to work by invoking article 107 of the Canadian Labor Code.

The Minister defended her intervention in the conflict because of her impact on citizens and on the country’s economy.

It is the fourth time in a year that Ottawa has used this article to put an end to a labor conflict.

The SCFPjust like other unions in the country, already disputes before the courts the use of article 107 by the federal government to force enforceable arbitration.

I am very optimistic about our chances of success in courtsaid Hancock on Monday, adding, however, thatIt will probably be necessary to wait 10 years Before obtaining a final judgment in this file which risks being carried to the Supreme Court.

Our members are not 10 years old to find their rightshammered the national president of SCFP.

The union and its members threatened with sanctions

By continuing their strike, the Air Canada on -board agents and the union which represents them now have two orders of the CCRIwhich constitutes a criminal offense liable to fines and penalties.

The Labor Code provides maximum fines of $ 1,000 per day of infringement for employees and $ 100,000 per day of infringement for the union.

On the other hand, the administrative court has chosen, for the moment, not to have its orders confirm by a federal court, the body which has the power to impose fines on the parties which do not comply with the decisions of the CCRI.

The deposit of the order would be excessively punitive and would not promote harmonious labor relations and constructive collective negotiations.

According to experts in labor law consulted by Radio-Canada, Air Canada could however choose to file the order in court itself. The air carrier has so far not noted its intention to undertake such an approach.

According to the SCFPAir Canada support fully The continuation of pressure means, despite the threat of being imposed thousands of dollars in fines.

The union indicates that it does not fix no limit In his efforts to achieve the signing of a new collective agreement negotiated in good faith.

Travelers in blurring

Confusion persisted among travelers on Monday morning about their flight.

Air Canada announced on Sunday the cancellation of all its flights until Monday evening, even if the union warned that the conflict would continue until a fair and negotiated collective agreement either concluded.

The air carrier first announced a gradual recovery of flights on Sunday, expecting the on -board agents to resume work following the order of the order CCRI binding them.

Air Canada estimated on Monday morning that at least half a million travelers would be affected by the labor conflict, even if it ended immediately.

We are really, really sorry for our customers, it is a situation that is infinitely regrettablesaid Christophe Hennebelle. It is a completely exceptional situation.

With Canadian press information