Conservatives to force Air Canada workers back to work

[Immanuel Kant]

Clearing up a few questions:

If I were the workers, I wouldn't strike, but have a work slow down,be late for work anything, but a strike, which would give the government more power to order back to work. Aa long as they are working, the government can't get involved.

A slowdown or work-to-rule is legally equivalent to a strike.

The union has, in good faith, twice negotiated a deal with Air Canada. The membership is being completely unreasonable.

Correction: the bargaining committee has twice negotiated a deal with Air Canada. The union = the membership. The union has not negotiated anything.

if theyre forced back to work and refuse what could happen?

would they be fired?

The sanction for an illegal strike is a fine of $1,000 per worker per day. If the union does not do everything in its power to persuade the workers to return to work (and the law is worded so as to make that very difficult for the union to do) I believe the fine to the union is up to $100,000.

If Air Canada decides to pursue a legal remedy, the strikers can also be found in contempt of court (assuming Air Canada wins).

ive never seen a private company be forced back to work before

Depends on the definition of "private." It's been used against CN workers, against Toronto transit workers, Canada Post obviously, etc. The government does not *generally* interfere in private-sector collective bargaining - the 2009 CAW/Detroit Three is an aberration in that (so far).

They could be fined and/or jailed... And the union could be sued...And they would be probably fired and blackballed.

It would then effectively be a wildcat strike.

Jail time is not a legal sanction for an illegal strike. If that happened, it would be precedent-setting and I think it would take a much more labour-hostile regime and judiciary to bring that about. Technically, a worker who refuses a court order to return to work could be found in contempt, but that option hasn't been pursued since 1978 AFAIK.

[capricorn]

Air Canada is seeking financial compensation from the union representing its 6,800 flight attendants, amid an allegation that union brass have been negotiating in bad faith.

The airline said Thursday afternoon that the Canadian Union of Public Employees hasn't done enough to ensure that a new contract is ratified by union members, who have been in a long-running dispute with Canada's largest air carrier.

"Though the company was given assurances of unanimous support from the CUPE leadership for the first tentative agreement, individual base presidents remained silent or expressed views against ratification during the ratification process," Air Canada stated.

The airline, which has submitted the unfair practice complaint to the Canada Industrial Relations Board, did not say how much it was seeking in compensation.

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Retired labour leader Buzz Hargrove said the back-to-back rejections are an indication that the flight attendants have lost confidence in the union leadership.

"This is a very unfortunate situation at this point," Hargrove told CTV News Channel on Thursday.

Labour lawyer Howard Levitt said the union had failed to make its members aware of the necessity of making a deal with their employer.

"They need the contract that the union executive agreed to and the union executive was irresponsible in not bringing along their membership," Levitt told CTV News Channel.

http://ottawa.ctv.ca/servlet/an/local/CTVNews/20111013/air-canada-cupe-attendants-strike-deadline-passes-111013/20111013/?hub=OttawaHome

Duty of Good Faith Bargaining and Duty of Reasonable

Effort to Enter into Collective Agreement -- Section 50(a)

Section 50(a) of the Code imposes two separate duties on parties to collective bargaining to conclude a collective agreement: a duty to bargain in good faith; and a duty to make every reasonable effort to enter into a collective agreement. A party to collective bargaining may bring a complaint to the Canada Industrial Relations Board on the basis that the other party has failed in either or both of those duties.

Section 50(a) of the Code states:

50. Where notice to bargain collectively has been given under this Part,

(a) the bargaining agent and the employer, without delay, but in any case within twenty days after the notice was given unless the parties otherwise agree, shall

(i) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith, and

(ii) make every reasonable effort to enter into a collective agreement…

A recent leading case from the Canada Industrial Relations Board on section 50(a), Nav Canada, discusses the distinction between the two duties. (1) The Board’s decision holds that whether “every reasonable effort to enter into a collective agreement” has been made is to be measured by an objective standard by considering “comparable standards and practices within the particular industry,” while the test for determining whether a party has bargained in good faith is a subjective one. (2) The Board makes an important distinction between “hard” bargaining and bad faith bargaining. In assessing whether bargaining is being conducted in bad faith or it is legitimate hard bargaining, the Board considers the overall bargaining context and the relationship between the parties. (3) The Canada Industrial Relations Board may order a broad range of remedies for a breach of section 50(a), including the imposition of an agreement on the parties or ordering a ratification vote on terms that the Board may impose.

http://www.parl.gc.ca/Content/LOP/ResearchPublications/prb0846-e.htm#GoodFaith

Is this a case of breakdown of communications and confidence between CUPE and its membership as alluded by Hargrove? Or was CUPE seeking a showdown with Air Canada and/or the government from the outset, to the detriment of bargaining a fair and timely settlement?