Could Federal Legislation Have Eased a Key Sticking Point in the Air Canada Dispute?

TOP STORY

Flight attendants poised to strike this week have previously asked the federal government to address one of their biggest grievances — unpaid work.

The Canadian Union of Public Employees (CUPE) gave Air Canada a 72-hour strike notice early Wednesday. In response, the carrier issued a lockout notice starting at 1:30 a.m. ET on Saturday and says it will begin cancelling flights on Thursday.

Could federal legislation have eased a key sticking point in the Air Canada dispute? | CBC News

Decisions

Grievance, evidence – Aircraft Mechanics Fraternal Association v L3harris Mas Inc., 2025 CanLII 78007 (ON LA) Grievor terminated for fraudulent recording of hours – Browne v. Dunn objections – witness to be put on notice that their evidence will be contradicted and given opportunity to give evidence being aware of alleged contradiction – arbitrator’s exercise of discretion to allow evidence is a balancing of prejudice – employer permitted to recall witnesses to address evidence that engages Browne v. Dunn either before union calls further evidence, or after union closes its case

Human rights, joint hearing – Francis v. Air Canada and Antwi v. Air Canada2025 CHRT 71 Two complaints of discrimination – motion by Canadian Human Rights Commission that complaints be joined into single inquiry – overlap in grounds between complaints and representation by same legal counsel not basis to hear complaints together – different fact scenarios – timeliness concern – motion denied

Compensation, cancelled flight – Thurlow v. WestJet Airlines Ltd., 2025 BCCRT 1117 Airline rerouted applicants after cancellation of flight – flight cancelled due to meteorological conditions that made safe operation of aircraft impossible – deemed outside carrier’s control under Air Passenger Protection Regulations (“APPR”) – claim for $1,000 per passenger under APPR dismissed – baggage fees awarded – applicants also claimed lack of adequate notice about cancellation – Tribunal has no jurisdiction to administer administrative penalties under Canada Transportation Act for failure to comply with APPR

Compensation, cancelled flight – D.P. v. WestJet Airlines Ltd., 2025 BCCRT 1106 Flight cancelled following strike notice and announced lockout – labour disruption not within airline’s control – compensation under APPR for flight delay dismissed – Tribunal not convinced airline took all reasonable measures to avoid damages caused by delay – awarded damages under Montreal Convention for car rental and meals – applicants also claimed airline failed to provide timely communication – Tribunal has no jurisdiction to administer administrative penalties under Canada Transportation Act for failure to comply with Air Passenger Protection Regulations 

CIRB Decisions

Bargaining unit order – Porter Airlines Inc. – Order No. 12108-U Application for certification by ALPA – employer disputed inclusion of administrative staff in bargaining unit – no managerial functions and not employed in confidential capacity in matters relating to industrial relations – Board not convinced administrative employees lack shared community of interest with pilots – current incumbents’ age-related flying restrictions not proper basis to exclude positions from bargaining unit – ALPA certified to be bargaining agent for unit comprising “all pilots employed by subsidiaries of Porter Aviation Holdings Inc. (including Porter Airlines Inc. and Porter Airlines Canada Limited), excluding chief pilots, assistant chief pilots, managers and those above these ranks”

Bargaining unit order – Porter Airlines Inc. – Order No. 12110-U CUPE certified to be bargaining agent for unit comprising “all cabin crew employed by Porter Aviation Holdings Inc. and its subsidiaries including Porter Airlines Inc. and Porter Airlines (Canada) Limited, excluding base pursers, administrative support staff, supervisors, and those above the rank of supervisor”

CTA News and Decisions  

Application – Delux Public Charter, LLC c.o.b. JSX Air – Determination No. A-2025-143 Application for licence to operate a non scheduled international service between Canada and the United States – licence issued, subject to conditions

Suspension – Taca International Airlines, S.A. c.o.b. Taca Airlines, Avianca – Order No. 2025-A-11 Licence 977339

Suspension – TACA International Airlines, S.A. c.o.b. TACA Airlines, Avianca – Order No. 2025-A-12 Licence 110026

Suspension – Valley Air Service, Inc. – Order No. 2025-A-13 Licence 020074

TC/TSB News

Industry Association News

Union News

Airport News

Rotary Operator News

General Aviation News

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