The government of Mark Carney does not intend to interfere in the Air Canada work conflict, at least not before the official start of the strike of on -board agents, scheduled around 1 a.m.
• Read also: Air Canada on -board strike: only one flight canceled in Quebec despite the turmoil
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The team of the Minister of Labor, Patty Hajdu, expects another white night spent monitoring the developments of this conflict which complicates the holidays of tens of thousands of travelers in high season.
The Minister said he was waiting for a response from the Canadian Public Service Syndicate (SCFP) until noon on Friday. He finally rejected the arbitration claimed by Air Canada.
The company has turned to Ottawa and now claims to impose an enforceable arbitration, while the union, which represents 10,000 on -board agents, “respectfully” asks the minister to stand away from the discussions.
The big means
As he did for conflicts to the Pacific Canadian Kansas City and the National Canadian in the summer of 2024, Ottawa can intervene by forcing arbitration under article 107 of the Canadian Labor Code.
This makes it possible to transmit the file to the Canadian Council for Industrial Relations (CCRI) which, in return, can force return to work and impose arbitration.
According to Marc Boudreau, lawyer in labor law, this avenue contravenes the spirit of a decision of the Supreme Court which dates back to 2015: to proceed in this way, the strike must have proven impacts on the health and safety of Canadians. Economic arguments are not enough, he said.
“If the government is involved, it comes to thwart the negotiation process between employees and the employer. In my opinion, the ideal solution is an agreement between the parties, as we did with the Air Canada pilots in the past fall, ”he explains.
This is also the opinion of Minister Hajdu. “The agreements concluded at the negotiating table are the best,” she wrote in her last statement about this situation on Thursday.
Public pressure
However, as was the case for railway carriers or even for the Canada Post Workplace Conflict as the holidays approach, the invocation of article 107 was mainly based on economic considerations and popular pressure.
So far, Minister Hajdu has not excluded to use it.
While the union accuses Air Canada of waiting for the federal intervention rather than improving its offer, the popular discontent could also force the minister’s hand, even if the polls show that the Canadians are leaning on the side of on-board agents at this stage.
“It is certain that the population, at one point, will be in favor of political intervention, but it does not make legal which is not, and the government should not have to intervene unless there is danger to health and security,” reiterates Mr.e Boudreau.
“Politically, he could do it despite everything, because politically, it goes.”
