The strike could cost the union of Air Canada on -board agents dearly if the ranging, which contravenes a prescription from the Canadian Industrial Relations Council (CCRI), is dragged over several days.
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The CCRI decided on Monday morning by declaring the strike of the Canadian Public Service Syndicate (SCFP), which represents on -board agents, as “illegal”.
The union decided not to ask its members to go back to work, thus contesting the order of return to work.
He is therefore exposed to penalties that can amount to $ 10,000 in more than $ 1,000 per day, under the Canadian Labor Code, which could be applicable on Monday noon, the deadline ordered by the CCRI in his decision.
According to the lawyer specializing in labor law Me Claude Gravel, a collective action could also be brought against the union from travelers.
“Under the code, the union is exposed to appeals from two orders,” he says, an interview with LCN. On the one hand, there is the possibility of an outrage in the court due to the character of the order made by the CCRI. ”
“Also, from the moment we find ourselves in an illegal strike situation, travelers could bring together a collective appeal against the union, and you can imagine what it could represent in terms of risk management for the union,” he adds.
For his part, the former Quebec director of the Canadian Public Service Syndicate Marc Ranger believes that Air Canada could also prosecute the union for damage caused by their strike.
“So far, it was without damage to the union because there was no illegal strike statement,” he said. The Canadian Council must deposit its prescription at the Federal Court. As soon as that is done, it’s a bit like the end of recess. “
“Air Canada, this [à quoi] you have to expect [de l’entreprise]it is that she will say that the damage that is caused, they assess them at around $ 50 million per day [et ils pourraient] leave after the union. Now it becomes a question of legitimacy. ”
Legal appeals for the union?
Ottawa has used a provision that has existed for a long time in law, but which has been used only recently in order to order the return to work of workers.
“We are talking here about article 107 of the Canadian Labor Code,” says Mr.e Claude Gravel. This is a provision that has existed for over 40 years, but which we had not used the way in which the government has done so for a little over a year. It should be noted this change of course. “
This could generate new disputes before the courts on the part of the Canadian Public Service union.
“Within the framework of rail or port administrations, there have been different remedies which are [en cours] Currently before our higher courts, the lawyer specializing in labor law said. The use made by the government of article 107 is already disputed in court. ”
“In the present case, the union tries to raise various means and, on the one hand, disputes the independence of Judge Tremblay, who once was a lawyer for Air Canada, which possibly raises issues of partiality,” he adds. Subsequently, one can also think that the union will address the senior courts to request the stay of the order made. ”
See the full interview in the video above
