Is WestJet an essential service, where the government can mandate striking pilots back to work?

[accountant]

Let's see.... when you pull out of a market and leave it to AC, AC becomes essentially, especially without a ground link.

When AC does the same, you become essential.

Like it or not, your corporate overlords have made air travel links to certain regions essential given the pullout of AC on some routes, greyhound service, you name it.

You don't need to feed the trolls. There's enough food to go around with pilot missteps along this process.

Carry on.

[TheLastonetoknow]

Let's see.... when you pull out of a market and leave it to AC, AC becomes essentially, especially without a ground link.

When AC does the same, you become essential.

Like it or not, your corporate overlords have made air travel links to certain regions essential given the pullout of AC on some routes, greyhound service, you name it.

You don't need to feed the trolls. There's enough food to go around with pilot missteps along this process.

Carry on.

Back to the big top you go…

[200Above]

A reminder that you can add accountant to your foe list.

You won't have to read his posts. I'm all for hearing both sides, but he's obviously trolling and looking for conflict.

Best thing I did this morning.

[accountant]

A reminder that you can add accountant to your foe list.

You won't have to read his posts. I'm all for hearing both sides, but he's obviously trolling and looking for conflict.

Best thing I did this morning.

Just another pilot who can't handle the truth. I know you all like to live in your bubbles.

[CanadaAir]

"The Canada Industrial Relations Board recently issued a decision reaffirming its position with respect to essential employees and the maintenance of activities in the event of a strike or a lock-out.

"the Board outlined important principles for employers to remember as they prepare for bargaining and advise the union which of their employees and services are essential:

• The test for essential employees and services is to "prevent an immediate and serious danger to the safety or health of the public" (emphasis in original). Other issues, though they may be in the public interest, do not concern the Board.
  
  The obligation to maintain the health and safety of the public must be balanced with the commitment to free collective bargaining, set out in the preamble of the Canada Labour Code.
  
  As a result of this balancing, "any abridgement of the right to strike must be to the minimum level required to cautiously protect the health and safety of the public" (emphasis in original).
  
  It is not required that public danger be imminent, or that there be an immediate threat of accident. "It is the danger which must be prevented and not the actual occurrence."
  
  The burden of proof to demonstrate that activities and employees who perform them must continue during a work stoppage is with the employer.

[CanadaAir]

In addition to the JT/JS combo in power now, in 2015 the Supreme Court of Canada made a ruling that struck down the "essential services" card for all but a very small group of workers. https://canliiconnects.org/fr/r%C3%A9sum%C3%A9/35654

In the case of the recent PSAC strike, approx 35,000 employees were deemed essential and PSAC didn't even attempt to dispute it as doing so would their meagre public support would drop to zero if they started affecting Canadian's CPP/OAS,EI, CTB payments and applications.


Saskatchewan Federation of Labour c. Saskatchewan, 2015 CSC 4 (CanLII), [2015] 1 RCS 245

Valid. Thanks.

Recent court & CIRB cases show the use of essential work to stop a strike is limited.

WJ should have difficulty proving this.

WJ ALPA pilots can continue to strike while WJ's with CIRB.

CIRB cant force pilots back to work or stop a strike, this is done by MPs.

Liberals have minority. Liberals & Conservative support to force back to work. Not the CIRB.

WJ can try to delay strike to gain advantage over pilots.

[CanadaAir]

It is my understanding that the 72 hour strike notice can be given on the 13th at 1 minute past midnight (i.e. tonight). I'm not sure whether the CIRB thing will hold things back or not, it was a last ditch deperate attempt by the company just like the Sunwing wet lease which they did a 180 on within hours. Absolute desperate tactics we're seeing now.
There is some uncertainty and discussion among the pilot group on whether we can press on with a strike notice despite the CIRB giving WJ an extra week to submit additional documentaion. We will find out very soon!

The company isn't ready for a strike.
The more time the company has to prepare it will benefit WJ.
WJ management shows lack of ability if they can't keep it running.
If management has extra time they can catch up to pilots.

Company will try to drag this out. File more with CIRB and legal, until the pilots lose strength.

Pilots position weakens extending the strike date.

[Canadaflyer46]

CIRB issue now closed. Union email just came out. We are not deemed essential and can strike as early as May 16th.

[CanadaAir]

,

[CanadaAir]

Recent petition to the government to make WestJet essential



"On May 11, Jason Aebig of the Greater Saskatoon Chamber of Commerce wrote to Canada's Minister of Labour Seamus O'Regan to express concerns about what a strike would do to the business community.

"A strike or lockout would take Saskatoon off the radar – crippling our visitor economy and making inbound and outbound travel more expensive and difficult overnight," read the letter.

"Aebig claimed Saskatoon's visitor economy would crumble, with conferences, events, hotels and restaurants taking the brunt of the impact.

"The Chamber called on the government to have contingencies in place, saying the minister could send a strong message to the travelling public and cities that will feel the impacts of a work stoppage.

"Minister O'Regan is currently at the bargaining table with both parties.

https://globalnews.ca/news/9701990/west ... s-concern/

https://www.msn.com/en-ca/travel/news/l ... r-AA1bhjNf


The Saskatchewan government is concerned that a strike or lockout would cripple the visitor economy and make travel more expensive. It has sent a letter to the federal government calling on Ottawa to bring the two sides back to the bargaining table.

“You know we don’t want to see a disruption that’s going to have an economic impact whether that be for businesses, whether that be in the tourism sector,” minister of trade and export development Jeremy Harrison said.

Saskatchewan believes the federal government needs to look at the situation from a long-term perspective, possibly declaring airlines an essential service.

https://regina.ctvnews.ca/sask-westjet- ... -1.6402196


On Wednesday, Transport Minister Omar Alghabra encouraged the two sides to reach a resolution, noting a federal mediator is on the ground.

"I do not want to put my finger on the scale," he said. "Obviously the airlines have obligations towards their customers. But ultimately the biggest obligation is to make sure that they deliver the service that they sold to customers."

[CanadaAir]

Video Interview with former Air Canada executive Dee history of pilot strikes in Canada

“Big difference between 1998 & today, the ability for government to intervene may be limited given court decisions”

“The possibility of being legislated back to work, you think would be a challenge

“We’ve got a minority government situation.. where the liberal party relies on the NDP for its support

https://www.bnnbloomberg.ca/here-s-what ... -1.1921574