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FA@AC

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17 minutes ago, Turbofan said:

I don’t think it has hit the press.  WJ tried to play the essential service card this week with the CIRB and came away with nothing.

Didn't see that in the press, so wasn't aware of it, no.

Back at AC, the Globe article says that ACPA's leadership will decide whether to bail early on the 10-year contract.  Is it in fact the leadership that will decide this, or will it be put to a vote?

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The pilots say they have been working without a pay increase for more than four years. Their nationwide informational picket comes as Southwest Airlines and American Airlines pilots have each authorized a strike, demanding better conditions from their respective management.

Pilots at all three carriers are looking to match or beat the deal that Delta Air Lines reached with its pilots earlier this year, which raised pay rates by 34% over four years.

 

At least there is some comparison for the union demands, and it’s not just a greedy Canadian airline pilot thing:

https://www.foxbusiness.com/economy/united-airlines-pilots-picket-demanding-wage-increases-airlines-threaten-strike

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2 hours ago, FA@AC said:

Didn't see that in the press, so wasn't aware of it, no.

Back at AC, the Globe article says that ACPA's leadership will decide whether to bail early on the 10-year contract.  Is it in fact the leadership that will decide this, or will it be put to a vote?

No vote.

We have already been polled on the issue.  The MEC has a mandate.  According to the MEC the mandate from the membership was overwhelmingly in favour of pulling the plug.   Unless the company is willing to bring an offer worth consideration prior to May 29.

The last line was hard to write with a straight face. 

 

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2 hours ago, FA@AC said:

Didn't see that in the press, so wasn't aware of it, no.

Back at AC, the Globe article says that ACPA's leadership will decide whether to bail early on the 10-year contract.  Is it in fact the leadership that will decide this, or will it be put to a vote?

The good news on the WJ front is that after the strike vote, picket and CIRB failure negotiations are now progressing.  I saw their MEC chair state he can’t see giving 72 hours notice tonight.  Too premature.

With that said once wages are the only thing left on the table, I think it will take giving notice to push a deal.

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On 5/5/2023 at 10:17 PM, FA@AC said:

  I guess the WestJet situation will be the test case if the parties don't reach agreement before the strike deadline.  I'm skeptical that a government that has been so heavily criticized (and rightly)) for allowing the industry to descend into chaos since travel restrictions were lifted will tolerate a WestJet shutdown if it can find any mechanism at all for kiboshing it or ending a strike 10 minutes after it starts. 

 

Notice no back to work legislation.  Any legislation takes a few days to pass.  In 2012 the Harper Government introduced already prepared legislation simultaneously with the Company lockout notice.  This gave them the time needed to debate and pass the bill.

At this juncture back to work legislation most likely wouldn’t have time to pass prior to tomorrow night.

Clearly the government is willing to at least let the strike start.  One day of strike and all pilots fly home.  One day of strike and it will take a week to recover.

This isn’t Harper.  This isn’t 2012.  We can strike.

The question is how long

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https://www.alpa.org/news-and-events/ne ... -join-alpa

Air Canada Pilots Join World’s Largest Pilots Union

WASHINGTON, D.C. –Today, the Executive Board of the Air Line Pilots Association, Int’l (ALPA) approved by acclamation the merger between the Air Canada Pilots Association (ACPA) and ALPA, the world’s largest pilots union. Following the vote, the presidents of both organizations signed the merger agreement. Air Canada now becomes ALPA’s 40th pilot group, growing the Association to more than 73,000 members.

“We are excited to welcome our colleagues at Air Canada to ALPA, and through this merger, we have reached another significant milestone in our work to advance the profession, keep flying safe, and promote the power of unionism. Together, our combined union will have greater strength in negotiating collective agreements, advancing pilots’ interests, and protecting labor rights,” said Capt. Jason Ambrosi, ALPA president. “Adding their voice to our collective strength unifies the profession in an enormous way.”

The merger agreement goes into effect immediately, and all representation rights transfer from ACPA to ALPA with notification to the Canada Industrial Relations Board. The two sides reached a merger agreement in principle in March, and Air Canada pilots voted overwhelmingly to ratify the deal on May 1.

“This is a monumental time for Air Canada pilots,” said ACPA Master Elected Council chair First Officer Charlene Hudy. “By merging with ALPA, 95 percent of all professional Canadian pilots are represented by one union with one voice. With the collective strength of over 73,000 pilots in North America, we look forward to working toward a better future for the piloting profession and aviation industry as a whole.”

“Unity among all pilots is our greatest strength and today, Canadian pilots across the nation are unified with a strong voice. ALPA is committed to advancing the profession and aviation safety, and with the addition of our Air Canada colleagues, we have dramatically increased ALPA’s presence across the nation, making us stronger in negotiations and on Parliament Hill.” added Capt. Tim Perry, ALPA Canada president.

Air Canada employs more than 4,500 pilots who fly passengers and cargo around the world on Air Canada and Air Canada Rouge, with headquarters near Toronto’s Pearson Airport and pilot bases in Montreal, Toronto, Vancouver, and Winnipeg.

Founded in 1931, ALPA is the largest airline pilot union in the world and represents more than 69,000 pilots at 39 U.S. and Canadian airlines. Visit ALPA.org or follow us on Twitter @ALPAPilots.

 

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1 hour ago, Turbofan said:

This isn’t Harper.  This isn’t 2012.  We can strike.

Well, it looks as if WestJet's pilots can.

I wouldn't necessarily assume that an shutdown of AC with its considerably larger market share would be tolerated.

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Still not buying that the law has been clarified.  I get it.  

The right to strike is now enshrined as a constitutional right.  Unless politicians decide to circumvent the law we have a right to strike.

The question is probably how fast intervention happens after the strike is in progress. I can see government intervening quicker with AC than WJ.

So far government intervention or the threat of it has been between 5 and 14 days in other important industry such as ports and rail.

 

We may find out soon how that looks wrt to Westjet

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8 minutes ago, Turbofan said:

Still not buying that the law has been clarified.

I do accept that the law has been clarified, but I wouldn't underestimate a government's ability to circumvent it somehow or other if they thought it'd be politically advantageous to do so.

Alghabra was quoted in an article I read this AM (sorry--I can't remember where, thus no link) as saying that he was hesitant about putting his finger on the scale or something to that effect.  My read of it was that he was ready to intervene early, but we'll see.  

What interests me is where things go if a strike occurs and is then ended by legislation.  More arbitration?  More mediation?  Binding arbitration?  Final offer selection?  That is what in my mind will determine whether having had the law around our right to strike clarified makes much difference in the grand scheme of things.  It is strengthening ACPA's hand at the current stage of negotiations, so, so far so good.

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34 minutes ago, FA@AC said:

I do accept that the law has been clarified, but I wouldn't underestimate a government's ability to circumvent it somehow or other if they thought it'd be politically advantageous to do so.

Alghabra was quoted in an article I read this AM (sorry--I can't remember where, thus no link) as saying that he was hesitant about putting his finger on the scale or something to that effect.  My read of it was that he was ready to intervene early, but we'll see.  

What interests me is where things go if a strike occurs and is then ended by legislation.  More arbitration?  More mediation?  Binding arbitration?  Final offer selection?  That is what in my mind will determine whether having had the law around our right to strike clarified makes much difference in the grand scheme of things.  It is strengthening ACPA's hand at the current stage of negotiations, so, so far so good.

I get your point.  But you must remember the law isn't really new.  Its more like a reversion to pre Harper.

The big difference is that WJ knows the government will let the pilots strike.  That the pilots will be able to inflict harm even if it is limited to a week or so.

This is a massive difference compared to I know the government will intervene so I won't even bother negotiating.

It this nuance that brought in the Sup courts decision. If the government preemptively intervenes the table is tilted vertically in favour of the employer.

So yes this could still play out in arbitration.  Remember arbitrators are supposed to guestimate what would happen without intervention.  

If you are preemptively forced back to work the arbitrator will use that situation in their arbitration.  They will look and see you had no leverage to achieve anything.

On strike they will look at that situation

 

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On Wednesday, Transport Minister Omar Alghabra encouraged the two sides to reach a resolution, noting a federal mediator is on the ground.

“I do not want to put my finger on the scale,” he said. “Obviously the airlines have obligations towards their customers. But ultimately the biggest obligation is to make sure that they deliver the service that they sold to customers.”

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3 hours ago, Turbofan said:

So yes this could still play out in arbitration.  Remember arbitrators are supposed to guestimate what would happen without intervention.

Could it not possibly also end up in final offer selection?  FOS selection, could, of course, work well for them, but ACPA hugely overplayed its hand in 2011 or whenever it was and had a poor outcome.  Different government, before the clarification of the right to strike and all that, sure, but sill.....  

I'd presume that ALPA has been given some sort of hint from government as to whether it will remain hands off, or if not, how it will force a resolution to the strike if it occurs.  No doubt that will have informed what ALPA have chosen to to so far, so here's hoping they know what they're doing.

As experienced as ALPA is, this is new territory for them as far as I can see.  Their American memberships are essentially prohibited from striking by weird US labour laws under the RLA act, and I'm not aware of them getting this close to a strike with any of their Canadian members.  Their spokespeople for the WestJet membership seem measured, come across well in the media and look to me to have a good case.  I wish them well.

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Final offer selection is intended for pro athletes. Two offers are submitted and one is chosen.

 It was never  intended for labor.  Labor contracts are far too complex.  It has happened only once to labor.  That was ACPA.  Normally an arbitrator starts where the parties left off.  So that would have meant imposing our rejected TA on us.  What FOS allowed was the ability for the company to pull money out of the TA which generally never happens.

Yes ACPA should have responded differently.  It’s part of the reason ACPA no longer exist.

But don’t come to the conclusion that FOS is normal for labor.  Many within Harpers own party viewed FOS way over the top.  Many arbitrators refused to even participate.

Hopefully no one ever does that to labor again.  Unfortunately ACPA dropped their challenge.

 

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