In what is being called a “terrible precedent” by CUPE and a “blatant misuse” of the Labour Code by opposition MPs, federal Jobs minister Patty Hajdu has ordered Air Canada flight attendants back to work while the airline and union undergo binding arbitration.
Minister Hajdu announced, only hours after the flight attendant strike officially began, that she was exercising her authorities under section 107 of the Canadian Labour Code “to direct the Canada Industrial Relations Board to order the parties to resume and continue their operations and duties.”
Speaking at a press conference, Hajdu said “These parties have had months at the negotiation table. They’ve had support through the federal mediation service and they have been unable to cross the finish line,” reports CBC News. “Arbitration is the most stable way to conclude this process for Canadians, while allowing parties to reach a deal.”
The decision was met with outrage from some quarters. CUPE issued a statement calling the decision a “blatant betrayal” to workers and a win for corporations, who may in future stonewall the negotiation process in hopes of having the government intervene with back to work legislation and binding arbitration.
“This is absolutely shameful and a blatant betrayal,” said CUPE National Secretary-Treasurer Candace Rennick. “The government’s decision to intervene on behalf of an already wildly profitable employer, while a predominantly female workforce fights tooth and nail for a path out of poverty, is not just unjust, it’s a disgraceful misuse of power that reeks of systemic bias and corporate favoritism.”
NDP Leader Don Davies called on the Liberals to recall Parliament to debate the legislation rather than misusing the Labour code in this way.
Neither were Conservatives happy with the decision, with Labour Shadow Minister Kyle Seeback issuing a statement that ordering the union back to work was a gift for the government’s “corporate buddies.”
Until the arbiter makes a decision, flight attendants are ordered to work under the terms of their expired contract. CUPE has vowed to keep up the fight: “This is not over,” said CUPE National President Mark Hancock. “We will continue to fight on the picket lines, on the streets, at the bargaining table, in the courts, and in Parliament, until the injustice of unpaid work is done for good. Workers will win – despite the best effort of the Liberal government and their corporate friends.”
At the time of publishing, Air Canada has not yet issued an official statement, telling CTV News that it was “premature to comment as the CIRB (Canadian Industrial Relations Board) process is underway,” and that they were not ready to comment on restarting scheduled flights, saying, “We still ask customers not to go to the airport unless they have a confirmed booking and their flight is shown as operating.”
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