Air Canada files unfair labour complaint against union

Just hours after Labour Minister Lisa Raitt blocked Air Canada’s flight attendants from walking off the job, the airline filed an unfair labour practice complaint against the union.

The bad-faith bargaining complaint against the Canadian Union of Public Employees, which represents 6,800 flight attendants, was faxed to the Canada Industrial Relations Board late Wednesday night.

That move came after Labour Minister Lisa Raitt intervened Wednesday, asking that board to rule on two matters – effectively suspending any possible job action until a decision is made by the quasi-judicial panel.

Raitt raised the question of health and safety concerns for the nation and whether it provides an essential service. As well, she asked whether a deal between Air Canada and unionized employees is possible given two tentative deals have been rejected by members even though union officials had recommended acceptance.

If the board agrees, Raitt want a collective agreement imposed or the dispute sent to binding arbitration.

Air Canada’s complaint states that “it is Air Canada’s position that the last tentative agreement reached on Sept. 20, 2011 was rejected by CUPE membership as a result of CUPE’s bad faith conduct during the bargaining process.”

The airline argued that the union presented modified demands that added costs, widened issues in dispute, tabled demands that were portrayed to the company as being sufficient to meet membership’s demands, and the union told the airline it knew what its membership’s demands were to get a ratified agreement.

The airline cited a meeting convened by Raitt with CUPE national president Paul Moist and Air Canada’s executives Duncan Dee and Kevin Howlett on Sept. 19, on the eve of the first strike deadline. Moist said if a second deal were reached, “CUPE would get it ratified.”

The company added the union failed “to deploy all necessary efforts, as represented to Air Canada, to obtain ratification of the last tentative agreement.”

It was rejected by 65 per cent of members with 78 per cent voting.

It is asking the board to declare that CUPE failed to bargain in good faith and issue an order for damages.

A CUPE official declined to comment because the matter is before the board.

Ginette Brazeau, executive director of the Canada Industrial Relations Board, said bad-faith bargaining complaints are not unusual during collective bargaining.

Brazeau said the parties are meeting Friday to determine how to proceed with the two questions referred by the labour minister, so a decision on whether this matter would be heard separately or concurrently would be considered.

Air Canada’s complaint also noted that Wednesday, even though Raitt had made it clear she would be referring the matter to the board, the union initially said it still planned to strike.

“(This) is further evidence of bad faith, together with CUPE’s general failure to fulfil its bargaining obligations, has caused Air Canada significant and continuing losses,” it said, citing direct losses including losing business to competitors to costs of implementing flexible booking changes.

It also cites costs of implementing contingency plans and “the erosion of customer confidence.”

Origin
Source: Toronto Star