Heavy-handed use of labour code has painted federal government into a corner, unions say

Gilles LeVasseur, a professor of law and management at the University of Ottawa, told CBC News that ignoring a CIRB notice to get back to work and the bargaining table is unlawful.

Individual union members could be fined up to $1,000 a day and unions could face fines of up to $100,000 a day for refusing to comply.

But to enforce the order, LeVasseur said, either Air Canada or the CIRB has to file it in federal court — something the CIRB said "would be unduly punitive and not conducive to harmonious labour relations and constructive collective bargaining."

LeVasseur said when the CIRB announced it would not file the order in federal court, it made it easy for flight attendants and the union to refuse to comply.

Going forward, LeVasseur said, the unions know they have the advantage. He said that in future, the CIRB could go to court to enforce a Section 107 order, but that might just result in opposition to the provision rising to the next level.

"Other unions may say, 'Well, let's put it all together and make it a national strike for all these unions,' he said. "That's the danger."

Good. The government has been put on notice. Let's see who blinks first.

6 comments

"Other unions may say, 'Well, let's put it all together and make it a national strike for all these unions,' he said. "That's the danger."
The danger is class solidarity?
- Always has been.
  
  bang
- The danger is class solidarity ✊🏽
Gilles LeVasseur, a professor of law and management at the University of Ottawa, told CBC News that ignoring a CIRB notice to get back to work and the bargaining table is unlawful.
Individual union members could be fined up to $1,000 a day and unions could face fines of up to $100,000 a day for refusing to comply.
But to enforce the order, LeVasseur said, either Air Canada or the CIRB has to file it in federal court — something the CIRB said "would be unduly punitive and not conducive to harmonious labour relations and constructive collective bargaining."
LeVasseur said when the CIRB announced it would not file the order in federal court, it made it easy for flight attendants and the union to refuse to comply.
Going forward, LeVasseur said, the unions know they have the advantage. He said that in future, the CIRB could go to court to enforce a Section 107 order, but that might just result in opposition to the provision rising to the next level.
"Other unions may say, 'Well, let's put it all together and make it a national strike for all these unions,' he said. "That's the danger."
Good. The government has been put on notice. Let's see who blinks first.
Get bent liberals