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The Canada Industrial Relations Board declared Monday that the strike organized by the Canadian Union of Public Employees and Air Canada flight attendants is unlawful. The union has continued to strike despite the declaration.
Upon Air Canada’s application, the federal labor board reviewed the union’s public statements and found that the union had no intention to comply with its previous back-to-work order. Accordingly, the board found that the strike would violate section 91(2) of the Canada Labor Code and urged the union members to return to work by Monday noon. Following the continuous strike, Air Canada said it has suspended its plan to gradually resume operations.
On Sunday, the Minister of Jobs and Families, Patty Hajdu, directed Air Canada and its flight attendants to remain in operation while both parties participate in a final binding interest arbitration, which will be led by the federal labor board. This order followed the breakdown of an eight-month negotiation between the parties.
In a Friday statement, the union asked the minister to refrain from intervening, arguing that such intervention would disincentivize Air Canada from fulfilling their duty to bargain in good faith. The union accused Air Canada of its reluctance to negotiate in good faith as the company did not communicate its response to the union’s revised wage proposal, unilaterally declared an impasse and ” extraordinarily and prematurely” requested the minister to intervene. The union also argued that such intervention would violate their constitutional right to take job actions.
The Canadian Charter of Rights and Freedoms provides for the right to freedom of association. The right particularly includes the right to strike when a good-faith negotiation breaks down, as the Supreme Court of Canada ruled in 2015. The Committee on Freedom of Association of the International Labour Organization (ILO) opined that compulsory arbitration should not be considered a substitute for the right to strike unless the strike relates to public service, essential service or an acute national crisis. Even though the ILO Convention No. 87 is often considered the foundation of the right to strike, its interpretation remains an active case awaiting adjudication at the International Court of Justice.
The union argued that over the past 25 years, the increase in wages for entry-level flight attendants have been significantly lower than that of inflation and average full-time wages in the country. The union also contended that the company is contributing to the gender pay gap. Entry-level pilots, a profession dominated by male workers, received a 26 percent wage increase, while entry-level flight attendants—70 percent of whom are female—received only an 8 percent increase.
Air Canada on Thursday said the union made no concession after its proposed a 38 percent increase in total compensation over four years, in addition to health benefits and pension plans. The airline company suggested that this proposal would provide its flight attendants with an additional CAD17 to the hourly rate of other Canadian airlines.
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Upon Air Canada’s application, the federal labor board reviewed the union’s public statements and found that the union had no intention to comply with its previous back-to-work order. Accordingly, the board found that the strike would violate section 91(2) of the Canada Labor Code and urged the union members to return to work by Monday noon. Following the continuous strike, Air Canada said it has suspended its plan to gradually resume operations.
On Sunday, the Minister of Jobs and Families, Patty Hajdu, directed Air Canada and its flight attendants to remain in operation while both parties participate in a final binding interest arbitration, which will be led by the federal labor board. This order followed the breakdown of an eight-month negotiation between the parties.
In a Friday statement, the union asked the minister to refrain from intervening, arguing that such intervention would disincentivize Air Canada from fulfilling their duty to bargain in good faith. The union accused Air Canada of its reluctance to negotiate in good faith as the company did not communicate its response to the union’s revised wage proposal, unilaterally declared an impasse and ” extraordinarily and prematurely” requested the minister to intervene. The union also argued that such intervention would violate their constitutional right to take job actions.
The Canadian Charter of Rights and Freedoms provides for the right to freedom of association. The right particularly includes the right to strike when a good-faith negotiation breaks down, as the Supreme Court of Canada ruled in 2015. The Committee on Freedom of Association of the International Labour Organization (ILO) opined that compulsory arbitration should not be considered a substitute for the right to strike unless the strike relates to public service, essential service or an acute national crisis. Even though the ILO Convention No. 87 is often considered the foundation of the right to strike, its interpretation remains an active case awaiting adjudication at the International Court of Justice.
The union argued that over the past 25 years, the increase in wages for entry-level flight attendants have been significantly lower than that of inflation and average full-time wages in the country. The union also contended that the company is contributing to the gender pay gap. Entry-level pilots, a profession dominated by male workers, received a 26 percent wage increase, while entry-level flight attendants—70 percent of whom are female—received only an 8 percent increase.
Air Canada on Thursday said the union made no concession after its proposed a 38 percent increase in total compensation over four years, in addition to health benefits and pension plans. The airline company suggested that this proposal would provide its flight attendants with an additional CAD17 to the hourly rate of other Canadian airlines.
The post Canada labor board declares Air Canada flight attendants strike illegal appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.