The Canada Industrial Relations Board released a decision on Monday morning (Aug. 18), calling the continued strike by Air Canada flight attendants "unlawful" and ordering them to return to work.
"The union and its officers are ordered to immediately cease all activities that declare or authorize an unlawful strike of its members and to direct the members of the bargaining unit to resume the performance of their duties," says the decision from board vice-chair Jennifer Webster.
Canadian Union of Public Employees (CUPE) President Mark Hancock said in a Toronto news conference on Monday that members will continue to strike, even if it means he is arrested. CUPE represents about 10,000 Air Canada flight attendants.
"If it means folks like me going to jail, then so be it," Hancock said. "If it means our union being fined, then so be it."
Defying the order also means flight attendants could potentially be fired. Hancock said members are involved in the process and are supportive of continued work action.
The union was required to revoke its strike authorization by 9 a.m. Monday. That deadline has passed, with no action by the union to end the strike.
Air Canada has suspended plans to resume operations as of Monday morning, and flights remain grounded "until further notice." The strike action impacts all Air Canada and Air Canada Rouge flights, while Air Canada Express flights continue.
Air Canada began winding down operations and warned of a lockout late last week after the union gave a 72-hour strike notice on Wednesday. Remaining flights were suspended early Saturday morning when CUPE flight attendants walked off the job.
At about 10:30 a.m. on Saturday, federal Labour and Families Minister Patty Hajdu ordered the flight attendants to return to work and enter binding arbitration, exercising her authority under Section 107 of the Canada Labour Code.
The union defied this order, arguing that Air Canada "stonewalled" negotiations because the company knew the government would intervene to end a strike.
Striking workers demand pay increases and the end of unpaid work during boarding, deplaning and other ground-based operations.
鈥淲e will continue to fight on the picket lines, on the streets, at the bargaining table, in the courts, and in Parliament, until the injustice of unpaid work is done for good," Hancock said in a statement released on Saturday. "Workers will win 鈥� despite the best effort of the Liberal government and their corporate friends.鈥�
On Monday morning, Prime Minister Mark Carney told reporters in Ottawa that the government stepped in because both sides determined the negotiations were at an impasse after eight months of bargaining.
"And so we were in a situation," he said. "We are in a situation where literally hundreds of thousands of Canadians and visitors to our country are being disrupted by this action."
Carney said the minister will have more to say later Monday.
