The Canadian Union of Public Employees (CUPE) stated on Sunday (August 17) that despite the Canadian Industrial Relations Board (CIRB) ordering Air Canada flight attendants to return to their work positions by 2 p.m. Eastern Time on Sunday, the flight attendants will continue their strike and argue that the CIRB’s order is unconstitutional.
Representing the flight attendants, the union CUPE said in a statement that its members will continue the strike and invited Air Canada to return to the negotiation table to “reach a fair agreement.”
Air Canada announced that the plan to resume operations has been postponed from Sunday to Monday evening.
The decision to continue the strike goes against the intervention made by the Canadian Minister of Employment under Section 107 of the Canadian Labour Code. On Saturday (August 16), Minister of Employment Patty Hajdu directed the CIRB to issue a binding arbitration to end the strike of flight attendants at Canada’s largest airline.
Following the directive from the Minister, the CIRB issued an order for Air Canada to resume operations and required all Air Canada and Rouge flight attendants to return to their work stations by 2 p.m. Eastern Time on Sunday. However, this order was met with opposition from the union representing the flight attendants.
The Canadian Labour Code empowers the government to require the CIRB to implement binding arbitration to protect the economy. Last year, the Canadian government intervened to prevent strikes in the railroad and port industries that could have endangered the economy. Instances of unions defying CIRB orders are rare. It is currently unclear what actions the government will take if the union continues the strike.
Due to the failure to reach a new labor agreement between the union and Air Canada, around ten thousand flight attendants began the strike early Saturday morning. This is the first strike since 1985, resulting in approximately 700 flights being grounded and over 100,000 passengers stranded.
According to Reuters, passengers at Toronto Pearson International Airport expressed confusion over whether flights will resume or if Air Canada will provide alternative arrangements.
“We are basically left to fend for ourselves as Air Canada has not provided any means of assistance or alternative options,” said Vancouver resident Elizabeth Fourney.
The union, CUPE, has been committed to resolving issues through negotiations, stating that binding arbitration will alleviate pressure on the airline.
Air Canada announced on Sunday that the CIRB has ordered the extension of the expiring collective agreement terms between the union and the airline until a new agreement is reached.
The union issued a strike notice on Wednesday (August 13), accusing Air Canada of not engaging in serious wage negotiations. The union stated that Air Canada’s proposals were insufficient to help employees in the face of historic high inflation this century. Union members supported the strike authorization with 99.7% approval last week.
In response, Air Canada stated that they have proposed a total compensation increase for employees over four years by 38%, along with increasing hourly rates by 12% to 16% in the first year.
The core of the negotiation deadlock, according to the union, lies in the low wages of flight attendants and uncompensated work during non-flight time.
“Air Canada still refuses to pay flight attendants for all work hours,” the union stated.
Air Canada responded by stating that their proposal includes boarding compensation, which refers to the compensation for work during boarding time before takeoff. The airline has only paid cabin crew wages after the cabin doors are closed in the past.