J.O. Posted June 29 Share Posted June 29 O’Regan is being disingenuous. It was his own government’s past policy decisions regarding right to strike that led to the language in the CIRB’s order. If he truly wanted to stop the strike, they should have reconvened parliament and put forward emergency legislation, but doing that would have forced the NDP’s hand in deciding if they would continue to support the government, or vote against it. No, a vote against wouldn’t topple the “coalition”, but it would make it very difficult for the tenuous coalition to hold going forward. Link to comment Share on other sites More sharing options...
FA@AC Posted June 29 Share Posted June 29 32 minutes ago, J.O. said: O’Regan is being disingenuous. It was his own government’s past policy decisions regarding right to strike that led to the language in the CIRB’s order. He doesn't appear to know his portfolio particularly well. If his intention in instructing the CIRB to issue the order it did was to prohibit AMFA from striking you'd think he'd have made sure that the order would in fact legally prevent a strike. If neither he nor the CIRB actually has that power, he ought to have been aware of that. WestJet's management appear either to have believed assurances from O'Regan that he had saved the day or to have gotten poor legal advice elsewhere. They're now blustering about somehow holding AMFA liable for a legal strike. I wonder if Alex gets shown the door once this ends. Link to comment Share on other sites More sharing options...
Turbofan Posted June 29 Share Posted June 29 What I don't understand is how WJ management thought they were safe from this. The CIRB order reaffirmed the right to strike. Did they not read it? The labor minister clearly didn't read it until today either Link to comment Share on other sites More sharing options...
Malcolm Posted June 30 Share Posted June 30 22:28 ETAMFA strike continues, triggering further cancellations, disrupting over 49,000 travellers over July long weekend WestJet continues to seek path to resolution, while union remains destructive at the expense of Canadians valued travel plans CALGARY, AB, June 29,... 13:58 ETAMFA's ongoing strike forces WestJet to issue 235 additional flight cancellations causing mass disruption to travel over the Canada Day weekend Despite Ministers order for arbitration, the union's continued irresponsible actions are impacting tens of thousands of travellers CALGARY, AB, June... 01:53 ETAMFA strike forces WestJet to cancel more than 150 flights beginning on Saturday Union's deliberate actions impacting approximately 20,000 guests' travel plans CALGARY, AB, June 28, 2024 /CNW/ - As a result of the Aircraft... JUN 28, 2024, 21:08 ETWestJet outraged AMFA is commencing strike despite Minister's order for arbitration and public commitment to abide by it CALGARY, AB, June 28, 2024 /CNW/ - WestJet responds to the Aircraft Mechanics Fraternal Association (AMFA) notice that it has commenced strike action ... Link to comment Share on other sites More sharing options...
mrlupin Posted June 30 Share Posted June 30 Here's a link to the AMFA website. Their news releases are quite frequent. https://www.amfanational.org/?zone=/unionactive/view_page.cfm&page=WestJet Link to comment Share on other sites More sharing options...
deicer Posted June 30 Share Posted June 30 14 hours ago, Turbofan said: What I don't understand is how WJ management thought they were safe from this. The CIRB order reaffirmed the right to strike. Did they not read it? The labor minister clearly didn't read it until today either I think it appropriate that the minister isn't getting involved right away. As we've seen in the past with government intervention, at times even before a walkout, it is almost like a management ploy to hold back and let the government impose either a settlement or back to work, thereby being the bad guy. By allowing this to go on for a while, the government can claim they didn't step on anyone's constitutional rights until it hurt the economy, management then get's shown for it's impertinence, and the membership can feel proud that they stood together. Isn't there an old adage that 'companies get the union they deserve'? Link to comment Share on other sites More sharing options...
Seeker Posted June 30 Share Posted June 30 The standard gameplay for large corps in Canada has been for a long time that they don't really need to negotiate. They kinda, sorta negotiate but not really - just enough to meet the regulatory timeline. Then, when it suits them they throw it to the gov who will impose arbitration. Do a lockout and then point out the "severe economic impact" of the work stoppage. The gov has, historically, played along. This Westjet situation shows it perfectly. The corp and the gov expected things to go the way they have always gone and they both have been caught flat-footed. The minister even stated that he thought his imposing of forced arbitration had "fixed" it and would have prevented a work stoppage only to announce a few hours later; "Oops, I guess I'm not allowed to do that (anymore)." Big surprise for the Westjet management! This development is very significant and greatly shifts the landscape. I would guess the C-suite at Westjet is frantically updating their resumes because their continued employment is unlikely after this gets resolved. I would also guess that this will cause a lot of consternation and re-evaluation of bargaining strategies at other large corps currently involved in negotiations or about to enter them. Link to comment Share on other sites More sharing options...
deicer Posted June 30 Share Posted June 30 1 Link to comment Share on other sites More sharing options...
Popular Post Maverick Posted July 1 Popular Post Share Posted July 1 (edited) Sorry folks, as the self-proclaimed official voice of the WJ maintenance group here on the AEF I've been kind of busy. Anyway, Coles notes of the last couple of days... I am continually surprised and honestly a bit amused at the company's stance. AMFA has not for one microsecond ever refused to to negotiate or meet the company at their request. The exaggerations, half-truths and outright lies that have come from our c-suite are mind numbing. The company has continually slandered us as professionals and AMFA as an out-of-touch "American" union (this from our German CEO and Dutch COO) that doesn't understand the Canadian labour market. We will be down to about 30 aircraft flying end of day today with management and some scab labour doing the checks required but unless an agreement comes tonight or tomorrow it will be half that tomorrow and then it will most likely be a full shutdown. The sentiment of the Engineers, me included (I'm in year 26), is give us a deal or we'll burn it to the ground. No subpar offer that gives us a lot less than what the cost of living has been since Covid will pass. We've probably all noticed that airfares have managed to keep up with inflation. A few of you probably know that I've been on this forum for a very long time and I am disgusted by how our present management is behaving. It's a travesty. Edited July 1 by Maverick 8 Link to comment Share on other sites More sharing options...
conehead Posted July 1 Share Posted July 1 5 minutes ago, Maverick said: Sorry folks, as the self-proclaimed official voice of the WJ maintenance group here on the AEF I've been kind of busy. Anyway, Coles notes of the last couple of days... I am continually surprised and honestly a bit amused at the company's stance. AMFA has not for one microsecond ever refused to to negotiate or meet the company at their request. The exaggerations, half-truths and outright lies that have come from our c-suite are mind numbing. The company has continually slandered us as professionals and AMFA as an out-of-touch "American" union (this from our German CEO and Dutch COO) that doesn't understand the Canadian labour market. We will be down to about 30 aircraft flying end of day today with management and some scab labour doing the checks required but unless an agreement comes tonight or tomorrow it will be half that tomorrow and then it will most likely be a full shutdown. The sentiment of the Engineers, me included (I'm in year 26), is give us a deal or we'll burn it to the ground. No subpar offer that gives us a lot less than what the cost of living has been since Covid will pass. We've probably all noticed that airfares have managed to keep up with inflation. A few of you probably know that I've been on this forum for a very long time and I am disgusted by how our present management is behaving. It's a travesty. Appreciate the update from someone on "the inside". As an AME, I support you guys and gals 100%, as does every other AME that I know. I read somewhere that because the Westjet AMEs are new members of AMFA, there is no "strike fund" to draw individual financial support from. I don't know if this is true, but I have some cash burning a hole in my pocket. I would like to donate to the cause, if you know of a way I can do that? Is there a "go fund me" account or something like that? Link to comment Share on other sites More sharing options...
FA@AC Posted July 1 Share Posted July 1 I see that Alex is now seeking "urgent clarification" from government on why binding arbitration doesn't mean that there cannot be a strike. He has had his clarification already, and the strike is legal at least for now. He really seems to be clueless. The clarification needed to my mind is as to why WestJet hasn't returned to bargaining Maverick, good luck! 4 Link to comment Share on other sites More sharing options...
Maverick Posted July 1 Share Posted July 1 1 hour ago, conehead said: Appreciate the update from someone on "the inside". As an AME, I support you guys and gals 100%, as does every other AME that I know. I read somewhere that because the Westjet AMEs are new members of AMFA, there is no "strike fund" to draw individual financial support from. I don't know if this is true, but I have some cash burning a hole in my pocket. I would like to donate to the cause, if you know of a way I can do that? Is there a "go fund me" account or something like that? I don't think we need that yet but I do know that quite a few AC guys have stopped by the picket line and it's been greatly appreciated! We had a picket line in Kelowna yesterday, 70% of our guys were there on an hour and half notice. There was an Air Canada pilot walking by going who took the picture and he was hugely supportive! Means a lot to us. 2 Link to comment Share on other sites More sharing options...
Kip Powick Posted July 1 Share Posted July 1 You, with pliers, look out for us, the flyers. Stand your ground and I am sure those who know how important your profession is to the safety of crew, and passengers, (Guestsover there),have our full support. 1 1 Link to comment Share on other sites More sharing options...
Turbofan Posted July 1 Share Posted July 1 Congratulations on your new contract Maverick! 2 Link to comment Share on other sites More sharing options...
Airband Posted July 1 Share Posted July 1 Quote The deal includes an immediate 15.5 per cent wage increase, followed by a pay increase of 3.25 per cent next year, and 2.5 per cent each year for the final three years over the five-year term, according to the union. WestJet strike over as mechanics union and airline reach tentative agreement Link to comment Share on other sites More sharing options...
J.O. Posted July 1 Share Posted July 1 I hope the company pulled back on their effort to rob the retirement plan to fund the wage increase. Link to comment Share on other sites More sharing options...
Malcolm Posted July 1 Share Posted July 1 16 minutes ago, J.O. said: I hope the company pulled back on their effort to rob the retirement plan to fund the wage increase. I guess you will find out when the absolute details are published. I know that others have built the fund into their agreements. and the new agreement, as posted by the AMFA Quote Jun 30, 2024 June 30, 2024 As a direct result of our members’ solidarity, AMFA was able to reach a second tentative agreement (TA2) providing substantial improvements over both your current terms of employment and the terms provided for in the first tentative agreement (TA1). TA2 provides for: Immediate 15.5% increase without any shifting of monies from the WestJet Savings Plan (WSP) Out year pay increases of 3.25%, 2.5%, 2.5%, 2.5% over the 5-year term Overtime beyond eight hours within a pay period within a pay period paid at a 1.75 X rate EG WestJet, Unifor agreement includes pension, benefits gains Link to comment Share on other sites More sharing options...
Malcolm Posted July 2 Share Posted July 2 Does the membership need to vote on this TA? Link to comment Share on other sites More sharing options...
Maverick Posted July 2 Share Posted July 2 1 hour ago, Malcolm said: Does the membership need to vote on this TA? Yes we do. I'm not worried about this one. I think it's an excellent first contract! Link to comment Share on other sites More sharing options...
conehead Posted July 3 Share Posted July 3 20 hours ago, Malcolm said: Does the membership need to vote on this TA? And… it states in the TA that if the members vote to reject it, there will be no work stoppage while arbitration takes place. 1 Link to comment Share on other sites More sharing options...
Malcolm Posted July 3 Share Posted July 3 On 5/21/2024 at 1:25 PM, Malcolm said: WestJet Airlines delaying integration of Sunwing Airlines to 2025 By Staff The Canadian Press Posted May 21, 2024 12:26 pm 1 min read and in the mean time: Sunwing launches court battle to overturn order to compensate couple $800 for flight delay Ottawa has proposed new rules to help clarify when airlines can deny compensation Sophia Harris · CBC News · Posted: Jul 03, 2024 2:00 AM MDT | Last Updated: 7 hours ago Last month, Sunwing Airlines received approval in the Federal Court of Appeal to challenge an order that it pay a Regina couple $800 in compensation due to a flight delay. (iStock) comments Last year, the Canadian Transportation Agency (CTA) ordered Sunwing Airlines to pay Mick Anslow and his wife $800 for a flight delay from Cancun, Mexico, to Regina in 2020. The victory was short-lived. In May, the Federal Court of Appeal ruled that Sunwing can take the couple to court to challenge the CTA's decision. The Anslows learned of the legal action when they were served with court papers at their home in Regina. "We were just kind of flabbergasted," Mick Anslow said. "It's just unbelievable that they would go this far over such a pittance.... They're trying to make a point, I guess." Sunwing, which will be taken over by WestJet in 2025, declined to comment. The case centres on the contentious debate over when airlines can deny passengers compensation if flights are disrupted for safety reasons. In 2022, WestJet launched a legal challenge over the same issue. That case is also ongoing. Mick Anslow and his wife first learned Sunwing was taking them to court when they were served with legal papers. Anslow's wife's name has been redacted at the couple's request. (Federal Court of Appeal) In the Sunwing case, court documents show that the airline and the CTA agree that Sunwing caused the mechanical problem that led to the Anslows' flight delay. "They screwed up," Anslow said. Even so, Sunwing argues that the flight was delayed for safety reasons, so it's not obligated to pay compensation. Safety issues 'a big grey area' According to Canada's Air Passenger Protection Regulations, airlines must pay up to $1,000 for a flight disruption if it was caused by the airline. However, if the delay was "required for safety," the airline pays zilch. Some consumer advocates have long argued that the "required for safety" category is one of the regulations' loopholes that airlines can use to avoid paying compensation. "This is a big grey area," said Ian Jack, vice-president of public affairs with the non-profit Canadian Automobile Association, which runs a travel agency. "We felt since the start that the carriers have been taking advantage of that — to label things safety problems that may or may not be." More than a year ago, the federal government proposed new rules to clarify when airlines can deny compensation. Among the changes, the "required for safety" category would be axed. In the meantime, Sunwing is proceeding with its case, and WestJet customers whose weekend travel plans were disrupted due to the airline's labour dispute are still trying to understand their rights. Amid that chaos, Ottawa has yet to implement its clearer compensation rules or offer a timeline. "We were told these [rules] would be coming in the winter, then we were told they'd be coming in the spring," Jack said. "We're getting concerned." Frozen bathroom pipes caused delay The CTA serves as Canada's transport regulator and settles disputes between airlines and customers. The agency initially concluded in February 2023 that Sunwing must pay the Anslows a total of $800 for their 6.5-hour flight delay — a lower-than-usual amount due to special rules during the COVID-19 pandemic. According to the CTA, pipes on the originally scheduled plane's rear bathroom froze and burst, so the pilot changed planes, which delayed the flight. WATCH | Air Canada takes couple to court over CTA decision: Air Canada takes couple to court to overturn compensation ruling 29 days ago Duration2:03 Air Canada is going to court to overturn a ruling that it must compensate a B.C. couple for a delayed flight. Some experts say this could become a trend and other carriers could flood the courts with more cases. The agency had determined that Sunwing must compensate the Anslows — plus any other passengers on the flight who filed claims — because the airline could have prevented the delay by turning on a pipe heater. "It was a ground crew member that turned the heater off, and that's why these pipes froze," Anslow said. But in court documents, Sunwing argues that the pilot changed planes for safety reasons — to ensure there were enough working bathrooms onboard, "perhaps especially in the context of the [pandemic]." As a result, the CTA "had no authority to order the payment of compensation," the airlines claims. CTA's big backlog The Anslows' initial Sunwing complaint is one of the tens of thousands of passenger-airline compensation disputes the CTA has had to tackle since Ottawa introduced its air passenger regulations in late 2019. The agency currently has a backlog of more than 72,000 grievances, the majority of which involve flight disruptions. The CTA recently streamlined the complaints process to resolve disputes more quickly. The rule changes Ottawa proposed last year are designed to help further reduce the backlog by requiring airlines to compensate passengers for all flight disruptions — unless they fall under a designated list of exceptions. Proposed exceptions include weather, terrorism and labour disputes. At this point, safety issues as a broad category is not on the list. Air Canada, WestJet launch legal battles to overturn orders to compensate passengers for cancelled flights Customers cry foul as Air Canada, WestJet deny certain compensation claims despite new directive "I am confident that the new regulations will bring more simplicity, will bring more clarity," said Tom Oommen, director general of regulatory affairs. "I think that this clarity will reduce the need for complaints to be brought to the agency for resolution." Oommen couldn't provide a timeline for when the regulations will be implemented. He said the CTA is currently deliberating over the long list of comments it has received from interested parties about the pending rules. "We are now taking the time necessary," he said. "We are looking at how to include — how to factor in the airline input as well as the consumer advocacy input." The safety debate Airlines and other industry players have argued that eliminating the "required for safety" category when denying compensation is unreasonable. "The CTA's proposed list [of exceptions] completely ignores safety-related circumstances," Jeff Morrison, president and CEO of the National Airlines Council of Canada, said in an email. "Punishing airlines for following safety regulations and protocols lacks fairness." But consumer advocate Ian Jack said the European Union's air passenger regulations, which include rules similar to those proposed by Ottawa, appear to work well. Air passenger rights advocate Ian Jack of the Canadian Automobile Association says he's concerned Canada's proposed changes to simplify its compensation regulations haven't arrived yet. (Stephane Richer/CBC) "The carriers manage to get on with their business, to continue to be profitable, to not put planes in the sky that are unsafe," he said. One thing the coming regulations won't do is prevent airlines from taking customers to court to try to overturn CTA decisions. In fact, recent changes to the CTA complaints process make it easier for airlines to launch legal challenges. The Sunwing case was launched before those changes took effect. Air Canada ordered to pay couple $2,000 in compensation. Instead, it's taking them to court Mick Anslow said he hasn't hired legal representation, and he hopes the CTA will defend him in court. The agency isn't currently named in the case, but it can participate. The CTA told CBC News that as an independent body, it can't represent Sunwing or the Anslows. Anslow is now waiting for a court date. He said he believes the government's proposed changes will help simplify the compensation process — for other passengers. "It would probably make it easier, just based on what we've gone through," he said. "Everybody's trying to point the finger at everybody else." ABOUT THE AUTHOR Link to comment Share on other sites More sharing options...
Malcolm Posted July 3 Share Posted July 3 Westjet strike raises arbitration questions Ruling on dispute resolution process led to flight cancellations on long weekend Calgary Herald 3 Jul 2024 CHRISTOPHER REYNOLDS THE CANADIAN PRESS FILES A directive for binding arbitration between Westjet and plane mechanics' union last week was met with job action a day after it was issued by federal Labour Minister Seamus O'regan. Arbitration doesn't typically spur a strike. If anything, the reverse occurs. But on Thursday, a directive for binding arbitration from federal Labour Minister Seamus O'regan was met with job action by Westjet plane mechanics just one day after it was issued, catching the airline and the government off guard and marking a turbulent start to one of the busiest travel weekends of the summer. The work stoppage, which ended late Sunday night, raises questions about a dispute resolution process that pushed tensions to the breaking point and how consumers should respond to the threat of an airline strike. O'regan had the power to bar a strike as part of a directive to the country's labour tribunal to impose binding arbitration, said a union official and aviation experts. In their public statements last week, both the airline and the federal government seemed to presume a strike was off the table after the order, but a ruling Friday by the Canada Industrial Relations Board said the union's 680 Westjet workers could still walk off the job because the directive had not explicitly suspended that right. The decision forced Westjet to call off more than 1,100 flights affecting roughly 150,000 travellers — many of whom received less than a day's notice — according to figures from the Calgary-based tracking service Flightaware. The strike sparked outrage in the C-suite. “In my 25 years in aviation, I have never encountered such an unreasonable counterparty. Calling for a strike despite the minister ordering arbitration is a misuse of the right to strike,” Westjet CEO Alexis von Hoensbroech said in a post on Linkedin. He said in the statement that the move served no purpose other than disrupting customers and “creating damage” to the carrier. “Once the parties are in arbitration, there is no more bargaining taking place, so a strike no longer influences the outcome.” That turned out not to be the case. Talks did resume on the weekend, and they yielded a tentative deal that would see the mechanics receive a 30 per cent boost in total compensation over the contract's five-year term, according to Ian Evershed, a representative for the Airplane Mechanics Fraternal Association who helped lead the negotiations. Now, arbitration will only kick in if workers vote to turn down the agreement. They overwhelmingly rejected an initial offer in a midjune vote, prompting Westjet to request binding arbitration and setting in motion the manoeuvres that culminated in the long-weekend strike. The work stoppage took a toll on consumer goodwill. Travellers took to social media to express their frustration — sometimes in colourful language. One customer said on the X platform that the airline informed them only at 11:12 p.m. on Saturday that their next-day flight out of Las Vegas was cancelled, calling the last-minute move “scumbag behaviour.” While most travellers could receive refunds from Westjet, those with related costs tied to hotel or other flight bookings — that they missed, or that they made while stuck abroad — may not get that money back without coverage for This has been a nightmare for people. Getting that refund for your airfare is the least of your problems. trip cancellation or interruption, said Marty Firestone, president of insurance firm Travel Secure Inc. “This has been a nightmare for people,” he said. “Getting that refund for your airfare is the least of your problems.” The strike also left both sides in the standoff embittered. In the conference room at a hotel near Toronto's Pearson Airport, the mood see-sawed wildly from day to day, Evershed said. “When the ministerial referral came through, we felt completely defeated. And then likewise over the course of the next day or two where the CIRB upheld our right to strike … we were elated,” he said. “I'm sure that the company was just devastated by that.” As the weekend wore on, the friction only intensified. “Emotions are running high. The big contributing factor is fatigue. … There are points where frustration takes over,” Evershed said. “Some of the things that have been said publicly — it's unfortunate that it went that far,” he added, referring to both sides. In an update to its members Sunday morning, the union negotiating committee said it was “the victim of Westjet's virulent PR campaign that (members) are scofflaws,” citing “calumnies” against workers around their right to strike. Article Name:Westjet strike raises arbitration questions Publication:Calgary Herald Author:CHRISTOPHER REYNOLDS Start Page:A4 End Page:A4 1 Link to comment Share on other sites More sharing options...
Malcolm Posted July 5 Share Posted July 5 Customers frustrated over treatment by WestJet during mechanics strike Customers frustrated over treatment by WestJet during mechanics strike (msn.com) Link to comment Share on other sites More sharing options...
MD2 Posted July 7 Share Posted July 7 It’s not uncommon to hear the union reps say they are going to “burn the place down” during their negotiation posturing. Much to the chagrin of other employee groups, not to mention customers, if they happen to be successful in their pursuit, they usually end up at the said union’s HQ, while other employees end up in unemployment offices and customers left holding the bag! It is however surprising to see management leaving the company so vulnerable to surprise attack. The battle may be won for the mechanics, but the war will be lost in the long term due to major losses and brand damage which will likely be a turning point. 1 Link to comment Share on other sites More sharing options...
Maverick Posted July 7 Share Posted July 7 It's a bit much in parts but overall pretty accurate I think? Canadian Airline Mechanics’ Defiant Strike Has Paid Off BY GERARD DI TROLIO Against orders from Justin Trudeau’s government, WestJet mechanics went on strike. Their actions secured substantial wage gains and a resounding victory for workers’ rights. WestJet mechanics went on strike last weekend and won. (David Kawai / Bloomberg via Getty Images) In a surprise move over the Canada Day long weekend, WestJet mechanics went on strike on Friday, June 28. This came on the heels of federal minister of labor Seamus O’Regan’s ordering of binding arbitration on June 27, after WestJet made the request to the Canada Industrial Relations Board (CIRB). While O’Regan’s order is within his right as labor minister, the CIRB has twice ruled that such a referral does not suspend the right to strike. On June 20, the board also rejected WestJet’s application for an injunction to prevent any possible strike action. Members of the Aircraft Mechanics Fraternal Association (AMFA) voted overwhelmingly for strike action on May 9, with 99 percent in favor and a 90 percent turnout. On June 11, they decisively rejected WestJet’s offer, prompting the latest round of negotiations before the arbitration order. For the aircraft maintenance engineers (AMEs) at WestJet, pay remains a major point of contention. These negotiations are for the AMEs’ first contract, as they voted to join AMFA in early 2023 and have already filed unfair labor practice complaints against the company during negotiations. The Right to Strike O’Regan’s decision to send the dispute to arbitration is controversial. New Democratic Party (NDP) labor critic Matthew Green released a statement criticizing the decision, noting that arbitration has only been used for federally regulated labor disputes seven times in the past forty-five years. In light of a 2015 Supreme Court decision recognizing the right to strike, this forced arbitration could be a violation of collective bargaining rights. Ironically, just days ago, the government enacted a ban on the use of replacement workers during strikes and lockouts in federally regulated industries, with a press release stating, “The Government of Canada believes in free and fair collective bargaining.” By the night of June 30, the strike was over. However, 832 flights were canceled and one hundred thousand passengers’ travel was affected before a tentative five-year agreement was reached. The deal included an immediate 15.5 percent wage increase, followed by increases of 3.25 percent in the second year and 2.5 percent per year in the last three years. Direct action got the goods. The strike was a simple but impressive display of worker power. The union had a strong strike mandate from its members and chose to strike on a long weekend to maximize economic disruption. Due to the skilled nature of the AMEs’ work, they could not easily be replaced by other WestJet employees or managers. In short, they had significant associational and structural power to force the employer to settle. Federal Interference Is No Surprise The federal government’s intervention in the labor dispute is hardly unprecedented. Both the federal and provincial governments are notorious for using back-to-work legislation to end strikes and lockouts. This practice began with attempts in the late 1970s and 1980s by Pierre Trudeau, Justin’s father, to keep inflation under control. While governments claimed this legislation was exceptional and implemented because of the inflation crisis, they nevertheless continued using it for decades. Leo Panitch and Donald Swartz termed this practice “permanent exceptionalism.” What is particularly troubling is that this instance involves a private sector employer. Interfering in public sector bargaining is bad enough, but historically the private sector has been left alone. This changed when Stephen Harper’s Conservative government repeatedly threatened or passed back-to-work legislation targeting workers at Air Canada and the CN and CP railways, citing economic rationales. When the government signals it will intervene in the private sector, it is an ominous sign for labor relations more broadly. Justin Trudeau’s government has also followed this trend. In 2018, it used back-to-work legislation to end a strike among postal workers. This marked a significant shift in the government’s relationships with organized labor, a constituency it had sought win over during the 2015 election. When O’Regan was appointed labor minister in 2021, it seemed to indicate a more conciliatory, if not progressive, approach from the government. In 2023, O’Regan refrained from unfairly intervening in several high-profile strikes, including those among federal public sector workers, West Coast port workers, and St Lawrence Seaway workers. These were strikes that had significant economic impact. Coming out of the COVID-19 pandemic, there was widespread support for workers and unions, not only to catch salaries up to inflation but for a better deal in the workplace overall. Just six months ago, O’Regan told the Globe and Mail: “Sometimes people look to government to interfere, to make things happen more quickly, or in a way that would be more favorable to them. Invariably, my response is to sit at the table, do the work. Government shouldn’t be involved in this.” The Politics of the Thing It appears that this potentially illegal government interference could be a move driven by political opportunism. Trudeau and his party are tanking in the polls, and there are Liberal members of parliament who are seemingly plotting to push him out. In this context, there is a very real possibility of the government shifting to the right. For example, Anita Anand, touted as a possible Trudeau replacement, has been burnishing her credentials as a budget hawk in her position as Treasury board president. This can be contrasted with the strategy of the Conservative Party, which recently voted for the replacement-worker ban in an effort to reach out to unionized workers. With the Liberals taking a beating in the polls, Canada’s four million union members are becoming a key constituency up for grabs between the Conservatives and the NDP, traditionally seen as the party aligned with labor interests. With Liberals possibly lurching to the right, the Conservatives courting union votes for political gain, and the NDP still a distant third in the polls, the outlook for the working class in Canada seems increasingly uncertain. However, the actions taken by AMFA — going on strike despite government efforts to prevent it and securing wage gains — demonstrate that resistance to government interference is possible. This stands as a message that the working class does not have to rely on the goodwill of politicians to win. SHARE THIS ARTICLE FacebookTwitterEmail CONTRIBUTORS Gerard Di Trolio is a PhD student in labor studies at McMaster University in Hamilton, Ontario. Canadian Airline Mechanics’ Defiant Strike Has Paid Off (jacobin.com) 1 Link to comment Share on other sites More sharing options...
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