
The union representing 10,000 Air Canada flight attendants remains defiant, and Air Canada has cancelled flights through Tuesday morning.
Despite a direct order from the government to tell its members to to return to their jobs by noon today, the Air Canada component of the Canadian Union of Public Employees has refused to send its members back to work.
Air Canada put out a statement shortly before 4 pm today (Monday, Aug. 18) to say it was cancelling flights until sometime Tuesday afternoon. Air Canada Express flights operated by Jazz or PAL continue to operate as normal.
'''Air Canada’s intended restart of Air Canada and Air Canada Rouge operations, which have been grounded since August 16 as a result of CUPE’s labour disruption, was prevented yesterday by CUPE leadership’s unlawful strike activities," the airline said in its statement. Air Canada now estimates 500,000 customers will be disrupted as a result.
The union, meanwhile, is not backing down.
“If Air Canada thinks there will be planes in the air this afternoon, they’re sadly mistaken. That will not be happening today." said Mark Hancock, CUPE's National President.
Hancock was asked if the union recognizes there may be legal ramifications to refusing the back to work order, and how far they were willing to go.
“There’s no limit. We’re going to stay strong …and if it means folks like me going to jail, so be it. If it means our union being fined, so be it.”
Hancock told reporters CUPE is committed to negotiations, but will not take away their members' right to strike.
“We are here today because we’re standing up for the rights of our members, and for the rights of Canadians under our Constitution. The right to free collective bargaining, including the right to strike, is a real fundamental right that is protected by our Charter," he said.
“These rights have to mean something.”
Hancock said the last time the two sides were at the bargaining table was last Friday night.
Air Canada has responded, saying it has ended plans to start flying again this evening and has asked all travellers to stay home unless they have a ticket with another airline. As of 5:30 pm EDT, Flight Aware reports 733 Air Canada and Air Canada Rouge flights were cancelled on 18AUG. It also reports 432 cancelled flights for Tuesday.
In a Bloomberg interview, Air Canada CEO Michael Rousseau said he's 'disappointed' with the union's choice.
“(We’re) obviously disappointed; disappointed for our customers. Over half a million customers have been impacted by this illegal strike and we want to see an end to it,” he said.
Jobs Minister Patty Hajdu asked CIRB to order flight attendants back to work by invoking Section 107 of the Canada Labour Code, which allows the government to intervene in labour disputes. CIRB has done what the federal government asked, but the union is defying the order.
Air Canada's Rousseau was asked about the matter during his BNN Bloomberg interview today.
"Well, we thought, obviously, the Section 107 would be enforced and that they (the union) wouldn't illegally avoid section 107," he said. "They gave us no indication they would do this."
CUPE has already issued notice they're taking the government's to court over their back-to-work order.
"We will be challenging this blatantly unconstitutional order (by CIRB) that violates the Charter rights of 10,000 flight attendants, 70% of whom are women, and 100% of whom are forced to do hours of unpaid work by their employer every time they come to work."
The website ipolitics reports CUPE today filed an application asking the Federal Court to rule that the Liberal government’s decision to direct the board to disband the strike is unconstitutional. It also requested that the court pause the order as it considers its application.
City News reports that Hajdu has said the Liberal government is not considering a recall of Parliament in order to bring in back-to-work legislation that would force Air Canada attendants back to work.
Open Jaw will continue to update this story as it develops. Tell us your opinions and reactions in the comments.

Hey hey, Ho ho, then of to jail you go!!