Air Canada Union Challenges Back-To-Work Law

Air Canada's largest union has filed a charter challenge over the federal government's legislation to prevent a strike at Air Canada.

Constitutional lawyer Paul Cavalluzzo, who is arguing the case for the International Association of Machinists and Aerospace Workers, said the application argues Bill C-33 violates freedom of association and freedom of expression, guaranteed under the Canadian Charter of Rights and Freedoms.

He cites a 2007 Supreme Court ruling which said that section protects the right to bargain collectively, and Cavalluzzo argued his position is the right to bargain is meaningless without the right to strike.

"There is a pattern of unconstitutional behaviour that we're asking the courts to stop," he said in an interview, noting similar legislation was prepared for Air Canada's striking ticket agents as well as flight attendants last year.

"The charter says it protects freedom of association. And this government just doesn't hesitate to interfere with rights of workers when they have acted totally lawfully in accordance with the statute," Cavalluzzo said. "They finally earn the right to strike, legally, and the government takes it away. We feel that's unconstitutional behaviour."

Cavalluzzo is also acting for the Canadian Union of Postal Workers, which filed a similar challenge last year after the government brought in back-to-work legislation after a series of rotating strikes and a full lockout in June.

Bill C-33 extends to the Air Canada Pilots Association, which filed its own constitutional court challenge to the legislation last month.

The machinists' union had threatened to walk off the job on March 12 and the airline was set to lock out the pilots at the same time, which would have essentially grounded the airline during the peak March break travel season.

The Harper government blocked any strike or lockout by sending the matter to the Canada Industrial Relations Board over the question of whether they provided an essential service. However, before the board responded, Labour Minister Lisa Raitt introduced legislation suspending the right of Air Canada's pilots and baggage handlers to strike during the current round of collective bargaining at the airline. Their disputes are to be settled through binding arbitration.

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