Latest News

The defiance by the Air Canada union of Canadian government orders could inspire workers

The Canadian government intervened four times last year to stop strikes in seven companies, using a obscure Labour Code provision. The same decree was issued on Sunday, but Air Canada flight attendants refused and went on strike for 3 days.

Unions and labor experts said that their defiance was a watershed. They claimed it would strengthen unions during negotiations, discourage employers from seeking government assistance in sectors regulated by the federal government, and complicate efforts made by the federal government to end work stops through this provision.

"We will look back at this dispute, and this strike as a turning-point," said Chris Roberts. Professor at Carleton University and Director National of the Social and Economic Policy Department, Canadian Labour Congress.

In 1984, the Canadian Labour Code was amended to include Section 107, which gives the Minister of Employment the power to stop strikes and lockouts in order to "maintain industrial peace" Since June 2024, it has been invoked five times, in sectors such as railways, ports and postal services.

The Canadian Labour Congress (the largest group of workers in Canada) has asked for legislation to remove these powers.

Roberts stated that it was "clear now, based on the record of interventions in the last year, that the Minister's superpowers are problematic."

Canadian Union of Public Employees, which represents 10,000 flight attendants in Canada, set a precedent when it defied the government's order for the very first time. The union has also filed a lawsuit against Section 107.

Hugh Pouliot, CUPE's spokesperson, said via email that "Section 107 creates a fundamentally imbalanced labour relations" and should be repealed.

Jennifer Kozelj is the press secretary for Jobs Minister Patty Hajdu. She said that sending the CUPE dispute into arbitration was a difficult decision.

Canadians and the economy have already been affected by significant disruption. In an email response, she stated that lost revenue can be the difference between a small company failing and a family facing financial hardship.

We cannot predict how every dispute will unfold, but we always believe that the best deals are made at the table.

The tide is turning, say the unions.

Bea Bruske is the president of the Canadian Labour Congress which represents over 3 million workers in Canada.

Michael Lynk is a professor emeritus at Western University, London, Ontario. He said that this was the first time the government used Section 107 and it had a negative outcome.

The Teamsters union has challenged Section 107 in court. They were involved in two major negotiation last year with the two largest rail companies of Canada - Canadian National Railways (CNR) and Canadian Pacific.

Christopher Monette is the Director of Public Affairs for The Teamsters. He said: "Our ultimate objective is to prevent federal workers from being ordered back to work."

INDUSTRIAL NARCOTIC

In the year prior, the then Prime Minister Justin Trudeau had ordered that the Canada Industrial Relations Board issue notices of return to work and begin binding arbitration.

Seamus O’Regan, the then Labour Minister at the time, had directed CIRB in order to impose binding arbitral proceedings against WestJet and their unionized mechanics.

MacKinnon forced workers to return in November by citing Section 107, at the Port of Quebec and Port of Montreal, as well as British Columbia ports. In December he did the same thing with the Canadian Union of Postal Workers.

Experts in labor rights and workers' rights have argued that invoking this clause effectively removed their right of strike and leveled the playing field when negotiating with employers. Meanwhile, companies benefitted from government intervention.

Lynk, Western University professor, said: "It's a narcotic in industrial relations for employers who use it to extend the clock before turning to the government to order binding arbitration."

He added that unlike work stoppages which have been stopped by legislation, the use of this provision does not receive the democratic stamp from the representatives of the people.

Air Canada didn't immediately respond to our request for comment.

Next year, the carrier will be facing a major negotiation between 14,000 baggage handlers who are currently under contract and aircraft maintenance workers whose contracts expire in March 2026.

Dave Chartrand is the Canadian vice-president of the International Association of Machinists and Aerospace Workers (which represents these workers). He said that his members can strike if the negotiations seem unproductive.

Chartrand stated in an interview that "if you don't sit at the table with our members and you are not bargaining and you are not trying to get fair contracts for our members, then we will withhold our labor and our manpower." It's a right guaranteed by the constitution.

(source: Reuters)