The Canada Industrial Relations Board has declared the ongoing strike by Air Canada flight attendants unlawful. This determination, announced Monday, follows a review of public statements by the Canadian Union of Public Employees (CUPE) that suggested non-compliance with a previous back-to-work order. Invoking section 91(2) of the Canada Labor Code, the board instructed union members to resume their duties by Monday noon. Despite this, the strike persists and Air Canada has frozen plans to slowly resume operations. More details about the board’s declaration can be found here.
Meanwhile, Air Canada and its flight attendants have been directed to engage in a final binding interest arbitration by Patty Hajdu, the Minister of Jobs and Families. This move comes after an eight-month negotiation period ended without a resolution. CUPE had expressed concerns over the minister’s intervention, fearing it might undermine Air Canada’s commitment to negotiating in good faith. Moreover, they condemned the airline for prematurely requesting government intervention after swiftly declaring a negotiation impasse.
The union’s stance builds upon constitutional arguments tied to the Canadian Charter of Rights and Freedoms, which guarantees freedom of association. This right encompasses the ability to strike amid failed negotiations, affirmed by the Supreme Court of Canada in 2015. The International Labour Organization (ILO) has also commented on the matter, stating compulsory arbitration should not replace the right to strike unless it concerns public service or an acute national crisis. This interpretation remains under examination by the International Court of Justice.
One major contention between the parties revolves around wage disparities. CUPE argues that the past 25 years have seen entry-level flight attendants’ wage growth lagging behind inflation and average full-time wages. They contend this exacerbates the gender pay gap, drawing comparisons to entry-level pilots, who recently secured a 26 percent wage increase. In contrast, their largely female flight attendant counterparts received only an 8 percent rise.
Air Canada countered, highlighting its proposal of a 38 percent total compensation boost over four years, supplemented by enhanced health benefits and pension plans. According to the airline, this offer positions its flight attendants with a competitive hourly rate compared to other Canadian airlines. This ongoing negotiation and its implications signify a critical juncture for labor relations and wage discussions within the aviation sector.