CIRB Authorizes Representation Vote for Air Canada AMEs and Skilled Trade Groups

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The Canada Industrial Relations Board (“the Board”) authorized a representation vote for approximately 2,250 maintenance employees at Air Canada.

As part of its order, the Board approved the fragmentation of the existing Technical, Maintenance, and Operational Support (TMOS) Bargaining Unit. While noting their general preference for broad-based units, the Board stated it “rarely grants such fragmentations,” but found that “fragmenting the existing bargaining unit is appropriate in the specific circumstances of this case.”

AMFA

Decisions

  • Grievance, discharge, sexual harassment – Air Canada v Canadian Union of Public Employees, Air Canada Component2025 CanLII 39078 (CA LA) Complainant and grievor were long-service flight attendants – complainant filed sexual harassment complaint against grievor – grievor denied four of five allegations – internal investigation found that grievor had sexually harassed complainant in all five incidents – grievor discharged – CUPE argued that investigation report was biased and that Air Canada had not proven that grievor committed alleged acts, that acts amounted to sexual harassment, or that discharge was warranted – Air Canada argued that incident involving physical contact was very serious form of sexual assault warranting discharge – arbitrator found that Air Canada failed to meet burden of proof for three allegations – two alleged incidents from years ago lacked details from complainant and corroborating evidence – sexual harassment finding for one comment based on assumption rather than proof – concluded that grievor engaged in other two incidents – comment to which grievor admitted was inappropriate and warranted discipline but not discharge – burden of proof met regarding allegation involving physical contact – grievor’s evidence less credible than complainant’s clear recollection and detailed account of incident – serious misconduct warranting significant discipline – mitigating factors militated against discharge – 34 years of service with no disciplinary record, exemplary work record with commendations, admitted to one allegation, offered to apologize, willing to undergo recommended training, voluntarily completed harassment awareness course – substituted termination with three-month unpaid suspension
  • Judicial review, Transportation Appeal Tribunal of Canada appeal – Aéroports de Montréal c. Office des transports du Canada2025 CF 829 Aéroports de Montréal (“ADM”) appealed notice of violation issued by Canadian Transportation Agency (“Agency”) under section 180 of Canada Transportation Act (“Act”) – Agency’s notice of violation alleged that appellant contravened Sections 4 and 9 of Personnel Training for the Assistance of Persons with Disabilities Regulations (“Regulations”) by failing to ensure that employees of hotel shuttle service contractors and car rental agencies received appropriate level of training and attended refresher training sessions – appeal dismissed by Transportation Appeal Tribunal of Canada(“TATC”) – ten fines of $2,500 were imposed on appellant, one for each violation, for total monetary penalty of $25,000 – ADM brought application for judicial review of TATC’s decision to Federal Court – Federal Court dismissed judicial review application – reasonable decision standard of review applied – Regulations targeting terminal operator were not ultra vires of power conferred by section 170 of Act – terminal operator, as federal entity, is subject of Regulations, not provincially regulated contractors – terminal operators who wish to offer shuttle or vehicle rental services must ensure that training has been received by contractors with whom they contract – TATC’s decision was reasonable
  • Application, rental contract, deposit – Weston v. Island Costal Aviation Inc., 2025 BCCRT 554 Applicant rented small airplane – claimed respondent improperly withheld portion of damage deposit – respondent admitted withholding $878.49 – argued it was allowed to apply deposit to additional fuel costs/surcharge – Tribunal found that rental agreement allowed deposit to cover cost if aircraft was damaged or other airport’s landing fee payment and fuel policy not met – respondent stated that applicant’s overall training sessions charges were higher than tuition payments by $878.49 – agreement did not permit application of deposit to training costs – $318.70 in payment history shown as “fuel surcharge” but no explanation or evidence that it was cost from another airport’s fuel policy that applicant failed to pay – respondent failed to prove that deposit was withheld according to agreement – respondent ordered to pay $878.49
  • Appeal, good faith, causal link – Cormer Group Industries Inc. c. Bombardier inc., 2025 QCCA 530  Cormer concluded contract to supply metalparts for Bombardier Learjet85 program, including agreement to open Mexico factory – on day of opening celebration of Cormer’s Mexico factory, Bombardier announced discontinuing Learjet 85 program – in following months, Bombardier cancelled program due to lack of sales – original claim alleged fraud and that Bombardier failed in its obligation of good faith – Cormer sought to void contract and about $12.6M in damages for Mexico installation costs and loss of profits, inconvenience, punitive damage and non legal fees – lower court judge dismissed claim finding no causal link between alleged fault and damages claimed – judge noted that Cormer already committed to Mexico operations for another client, Bombardier contract permitted Cormer to supply metal parts for other aircraft, and inability to maintain Mexico operations due to cash flow issues and dissatisfaction of another client – judge also found Cormer failed to mitigate its damages when it did not attempt to produce other metal parts for Bombardier’s other aircraft or attempt to conclude contracts with other clients – on appeal, Cormer abandoned claim to void contract and reduced claim for damages to about $7M – Court found no obvious or reviewable errors in judge’s conclusions on Bombardier’s good faith dealings with Cormer or Cormer’s loss of profits – Court found absence of causal link sufficient to determine judge was justified in concluding Bombardier was not liable – appeal dismissed

CIRB Decisions

  • Bargaining unit order – Inland Technologies Canada Incorporated – Order No. 12083-U Transport and Allied Workers Union, Local 855 (affiliated with the Teamsters) certified to be bargaining agent for unit comprising “all employees working in or out of St. John’s International Airport, St. John’s, Newfoundland and Labrador, as de-icers, recovery, controllers, maintenance and refuelers, excluding supervisors and those above the rank of supervisor”

CTA News and Decisions  

  • Porter Airlines penalized for violations of the ATPDR
  • Application – T’way Air Co., Ltd – Determination No. A-2025-79
  • Application for licence to operate scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the Republic of Korea on Air Transport – license issued, subject to conditions
  • Application – EPE SPA Air Algérie, on behalf of itself and Plus Ultra Lineas Aéreas S.A. – Determination No. A-2025-80
  • Application for approval to permit Air Algérie to provide scheduled international service between Canada and Algeria using one aircraft with flight crew provided by Plus Ultra Lineas Aéreas S.A., beginning on May 14, 2025, to April 14, 2026 – exemption granted for filing of application less than 15 days before first planned flight – approval granted, subject to conditions
  • Application – Türk Hava Yollari Anonim Ortakligi (Turkish Airlines) on behalf of itself and Atlas Air Inc. – Determination No. A-2025-81
  • Application for approval to permit Turkish Airlines to provide scheduled international service between Türkiye and Canada using one aircraft with flight crew provided by Atlas Air, beginning on May 7, 2025, to May 7, 2026 – exemption requested and granted for filing of application less than 15 days before first planned flight – approval granted, subject to conditions
  • Application – Caris Air Services, LLC – Determination No. A-2025-82
  • Application for licence to operate non scheduled international service in accordance with Annex III of the Air Transport Agreement between the Government of Canada and the Government of the United States of America – license issued, subject to conditions
  • Application – Air Transat A.T. Inc. c.o.b. Air Transat – Determination No. A-2025-83
  • Application for licence to operate scheduled international service, large aircraft, in accordance with the Agreement between the Government of Canada and the Government of the Federative Republic of Brazil – license issued, subject to conditions
  • Application – Air Transat A.T. Inc. c.o.b. Air Transat – Determination No. A-2025-84
  • Application for licence to operate scheduled international service, large aircraft in accordance with the Arrangement between the Government of Canada and the Government of the Co-operative Republic of Guyana set out in an Agreed Minute – license issued, subject to conditions
  • Suspension – Sanford Medical Center c.o.b. Sanford AirMed – Order No. 2025-A-S-64
  • Licence 967373 – reinstated effective May 5, 2025
  • Suspension – EJME (Portugal) Aircraft Management, Lda – Order No. 2025-A-S-66
  • Licence 160035 – reinstated effective May 5, 2025
  • Suspension – Gryphon Air LLC c.o.b. Aircraft Transport Service – Order No. 2025-A-S-70
  • Licence 210069 
  • Suspension – True Aviation Charter Services, LLC. – Order No. 2025-A-S-71
  • Licence 090097 – reinstated effective May 6, 2025

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