Union Representing Air Canada’s Flight Attendants Files for Conciliation as Talks Stall

TOP STORY

The union representing Air Canada flight attendants says it has filed for conciliation with the federal labour minister after reaching an impasse in contract negotiations with the airline.

The Air Canada component of CUPE, which represents 10,000 Air Canada and Air Canada Rouge flight attendants, said its top priority is boosting compensation, noting an entry-level full-time salary is roughly $1,951 per month

Union representing Air Canada’s flight attendants files for conciliation as talks stall | CBC News

Decisions

Wrongful dismissal, vaccination policy – Yee v WestJet, 2025 ABCJ 87 Accounting employee terminated for cause for failure to comply with mandatory COVID-19 vaccination policy – WestJet denied request for religious exemption and continued full-time work from home – court rejected WestJet’s argument that proper forum was Canadian Human Rights Commission – court had jurisdiction because discrimination was pled in support of wrongful dismissal claim – court found vaccination policy was reasonable and enforceable, but application to plaintiff was not – WestJet did not question sincerity of religious beliefs, but found accommodation request was made for secular reasons due to vaccine safety concerns – WestJet’s evidence did not explain why plaintiff’s information was insufficient, why safety concerns about vaccine overrode religious objections, or what plaintiff could have done to qualify for religious exemption – refusal to grant accommodation request despite acceptance of sincerity of religious beliefs was not reasonable application of vaccination and accommodation policies – just cause not established – even if denial of exemption had been reasonable, dismissal for cause not a proportionate response – plaintiff’s conduct not of a type where employment relationship could not continue – federal government’s vaccine mandate only applied to employees accessing aerodrome, so would not have applied to plaintiff – plaintiff could have continued to perform job effectively from home without compromising WestJet’s legitimate safety concerns – WestJet could not rely on without cause provision limiting plaintiff to statutory minimum entitlements because it did not make required payments to plaintiff in compliance with provision – $65,587.72 in damages awarded for 11-month notice period – court rejected WestJet’s mitigation argument – no evidence that plaintiff would have found alternate employment within notice period – court denied plaintiff’s $21,500 claim for moral or aggravated damages – dismissal not conducted in unduly insensitive or egregious manner and little evidence regarding dismissal’s impact on plaintiff

Grievance, salary maintenance – Association des pilotes de ligne internationale Canada (ALPA) c Air Transat A.T. Inc, 2025 CanLII 44314 (CA SA) Union alleged that collective agreement provided that pilots’ salary should have been maintained for six months when employer’s operations were suspended at beginning of COVID-19 pandemic – employer argued grievances were untimely – arbitrator found collective agreement language did not create mandatory timelines – allowed extension to file grievances – on the merits, arbitrator found it was clear from wording of clause relied upon by union that the parties intended to restrict its application to three specific situations, including when an aircraft is temporarily withdrawn from fleet for reasons of a reduction in hours – union argued that interruption of operations constituted a reduction in flight hours, thereby opening door to application of clause – arbitrator found that reduced hours should be interpreted not as an interruption of hours, but as a relative and partial reduction of hours, resulting in the temporary withdrawal of a piece of equipment – no requirement for employer to maintain pilots’ salary – grievances dismissed

Motion to strike, accommodation, disability – Dunphy v. WestJet Airlines, 2025 CHRT 33 Complainant was a baggage handler who was injured on the job in December 2014 – modified work provided in 2015 and 2016 – no further accommodation provided after November 2016 – complaint alleged discrimination for WestJet’s failure to properly accommodate disability before and after November 2016 – WestJet brought motion to strike parts of complainant’s Statement of Particulars (“SOP”) – argued that when Commission referred complaint to Tribunal, events prior to November 2016 were excluded – also argued that SOP included new allegations not in original complaint – Tribunal found that Commission’s Report found no reasonable basis to support allegations between January 2015 and November 2016 – Commission adopted Report’s recommendations and referred complaint on that basis – scope of Tribunal’s inquiry therefore limited to events after November 2016 – Tribunal rejected Commission argument that contested paragraphs should be retained because they provided context for complaint – value of maintaining the allegations for context disproportionate to the time and resources that would be required to fairly address them – Tribunal ordered paragraphs referring to events between January 2015 and November 2015 to be struck – remaining paragraphs in SOP relate to offers of modified work or search for permanent accommodation, provide context, or involve alleged negative treatment – remaining procedural issues raised by WestJet to be addressed in case management conference call

Application, taxes, jurisdiction – Air Canada v. Ontario (Finance), 2025 ONSC 2827 Applications by Air Canada challenging Ontario Minister of Finance’s denial of repayment of taxes levied against Air Canada under Ontario Gasoline Tax Act (“GTA”) for fuel transferred to Air Canada planes at Ottawa airport – fuel purchased in Quebec, sent by truck to Ontario, stored in Ontario, then transferred onto Air Canada planes at Ottawa airport– GTA taxes aviation fuel transferred into tanks of aircraft in Ontario – Air Canada argued that tax was constitutionally inapplicable – court dismissed applications – tax did not trench on protected core of federal aeronautics jurisdiction – taxation not the same as regulation – Supreme Court of Canada has held that federal undertakings must operate in provincial legislative environment and must pay provincial taxes – tax did not impair core of federal aeronautics jurisdiction – previous cases specifically rejected argument that tax on federal undertaking constitutes impairment – no evidence from Air Canada demonstrating impairment – tax applicable to fuel for international flights – sufficient connection to Ontario for provincial jurisdiction – fuel transported, stored, and transferred onto plane in Ontario – not momentary transitory presence – purchase and consumption of fuel outside province does not limit provincial jurisdiction to impose taxes in province – court rejected Air Canada’s argument that order and fairness was offended because it was subject to multiple provincial regimes – Quebec and Ontario agreed that Air Canada would not be taxed on purchase in Quebec of fuel being transferred to Ontario, but would be subject to transfer tax once fuel transferred to aircraft in Ontario – Ontario not dictating Quebec taxing policy – applications dismissed

Application for leave to appeal, class action authorization – Air Canada, et al. v. Alain Lachaine, et al., 2025 CanLII 44337 (SCC) Quebec Court of Appeal authorized class action for Quebec ticket holders whose flight was cancelled because of COVID-19 and who either did not receive reimbursement or received delayed reimbursement – application for leave to appeal to Supreme Court of Canada dismissed

Claim, damage to cargo – Fleurigros 1995 inc. c. Air Canada (Air Canada Cargo), 2025 QCCQ 1572 Plaintiff used Air Canada cargo service to transport cut flowers – one shipment was received damaged to the point of being unmarketable – expert determined damage was due to exposure to excessive heat – plaintiff claimed $31,762.61 for cargo value, loss of revenue, transportation and expert costs – plaintiff bore burden of proof that damage to cargo happened during air transportation on balance of probabilities – no evidence presented regarding storage and transport conditions prior to arrival at departure airport – outdoor and storage temperature at departure airport not consistent with heat damage – court found damage likely happened between picking and delivery to departure airport – defendant not liable – in the alternative, liability would have been limited to declared value on waybill (US$5,000) and expert fees – claim dismissed

CTA News and Decisions  

• Application – USAC Airways 694 LLC c.o.b. Freedom Jets – Determination No. A-2025-85
• Application to continue the suspension of Licence 170063 – licence suspension continued
• Application – Sandy Lake Seaplane Service Ltd. – Determination No. A-2025-86
• Application for cancellation of Licence 980121 – licence cancelled
• Application – Skytraders Pty Limited – Determination No. A-2025-87
• Application for licence to operate a non-scheduled international service to transport traffic on a charter basis between Australia and Canada – license issued, subject to conditions
• Application – 9192-2146 Québec Inc. c.o.b. Héli-Charlevoix – Determination No. A-2025-88
• Application for licence to operate a domestic service, small aircraft – license issued
• Suspension – DCT Air, LLC – Order No. 2025-A-S-72
• Licence 180024 – reinstated effective May 12, 2025
• Suspension – Executive Air Services, LLC – Order No. 2025-A-S-73
• Licence 180064 – reinstated effective May 9, 2025
• Suspension – 41-9 Aerial Limited – Order No. 2025-A-S-74
• Licence 210009 

TC/TSB News

• Airworthiness Directives
• Civil Aviation Safety Alerts

Industry Association News

• ACI – Airports Council names Seth Cutter Vice President of Industry Affairs
• ACI – Airports Council welcomes plan to improve aviation safety
• CBAA – Your Weekly Bulletin – May 15, 2025
• COPA – COPA Freedom to Fly Fund
• IATA – Ground handling priorities: Safety, baggage, global standards and sustainability
• IATA – IATA launches Global Baggage Roadmap
• ICAO – ICAO Council vote on Flight MH17 case

Union News

• ALPA – ALPA Canada welcomes Government of Canada cabinet appointments
• CUPE – Air Canada flight attendant union forced to file for conciliation in fight for fairness
• Unifor – Unifor Aerospace Council statement on U.S. national security investigation into imports of commercial aircraft and jet engine parts
• Unifor – Unifor Aviation Council statement on the U.S. trade war

Airport News 

• Airport expansion back on the agenda
• Global gateways: How airports drive economic development and sustainability
• Kelowna International Airport moves up the ranks as passenger volume soars
• New $15-million airport terminal opens in Whale Cove
• Police respond to unfounded bomb threat at Vancouver International Airport
• Toronto Pearson announces Debbie Simpson as Chief Financial Officer

Rotary Operator News

• Airbus launches parts hub in Niagara to support Canadian helicopter fleet
• Bell celebrates its 6,000th commercial aircraft built at Bell Textron Canada centre
• Changes coming to NAV Drone in 2025​
• Horizon Aircraft achieves historic transition to forward flight
• Pilots Who Ask Why: The aerodynamics of autorotation
• RDV Réseau Forum in Quebec promotes advanced air mobility
• Unmanned rotary lift: Going big

General Aviation News

• CAE set to showcase innovative eye tracking technology for air traffic services training at Airspace World
• Canadian-resident return trips from the U.S. drop again for April, StatsCan data shows
• Chartright, Bombardier, and Region of Waterloo International Airport partner to support final production and certification of Global aircraft
• Former WestJet employee awarded $65K for wrongful dismissal over COVID-19 vaccination
• Manitoba water bombers battle Lac du Bonnet wildfire
• National Air Force Museum Canada launching air traffic control exhibit
• Skies shortlisted for 5 Aerospace Media Awards
• Stakeholders call for decarbonization of whole aviation ecosystem at Sustainable Skies World Summit 2025
• WestJet joins global initiative to support guests through the Hidden Disabilities Sunflower program