The remarks made by CUPE president Mark Hancock to which the grievance is referring can be found here (starting around the 17:00 mark): https://youtu.be/eyhc1515bYI?t=1012
Bargaining Committee Update - 32
Dear Members,
Your Bargaining Committee is continuing to work through new developments and keep you advised. The latest development is the fact that Air Canada has filed two grievances against the Air Canada Component of CUPE.
Click here for the Mainline grievance [copied below]
Click here for the Rouge grievance
They have also tried to intimidate and muzzle your Component President and Union by sending a cease-and-desist letter, which can be viewed HERE [copied below].
An emergency hearing was convened with Chief Arbitrator William Kaplan at Air Canada’s request. It was seeking an order from the Chief Arbitrator on an expedited basis.
The Chief Arbitrator heard submissions from both parties. During these submissions Air Canada confirmed that members who were away from home base and working home once the strike commenced would NOT be paid for their inbound flight or duty periods after the strike commenced. Nor would they have any Collective Agreement protections.
The hearing was adjourned. Air Canada did not receive the order sought.
Please remember to educate yourself about what your rights are and govern yourself accordingly. You had the right to know this previously and reached out to your managers for reassurance and guidance. Their lack of replies left you in a difficult situation with not enough information. The Company was not willing to provide clarity on all your rights and entitlements however we do believe that it was their intention all along not to pay you to bring their passengers home once the strike commenced.
Remember, your UNION is here for you. EAP is also available.
We continue to wait on word from the Minister of Jobs on the response to our submissions on Section 107 of the Canada Labour Code. As soon as we have an update to share with you, we will.
In solidarity,
Your Bargaining Committee
Re: Cease and Desist Unlawful Strike Activity
At a press conference that was organized by the Air Canada Component of CUPE yesterday, CUPE National President Mark Hancock made comments that amounted to encouraging Air Canada and Air Canada Rouge flight attendants to engage in illegal strike activity.
In addition, in a bulletin issued by the Air Canada Component yesterday (Update 30) flight attendants who may be away from home base when the strike commences were advised to “Govern yourself accordingly” thereby implicitly suggesting that flight attendants should avoid operating flights away from home base.
Furthermore, in response to questions asking if crew members should book off in the comments section on Update 30 on CUPE ACC’s social media, flight attendants were also advised to “govern yourselves”. These illegal activities are therefore being encouraged by your membership, for which you are responsible.
We have observed a material increase in the number of book offs since these comments were made and the bulletin issued. As of 11:10 A.M. EST this morning, 599 flight attendants have booked off work between August 14-15, 2025.
The comments of Mr. Hancock constitute encouragement of illegal strike activity. This is a violation of the Canada Labour Code as well as the collective agreement. The systemic and improper booking-off of members of CUPE also constitutes an illegal strike pursuant to Sections 88.1 and 89 of the Canada Labour Code. You are therefore immediately requested to use all means necessary to ensure that illegal strike activity does not occur, including reminding your members of their legal obligations to work, failing which, we may seek interim relief pursuant to LOU 44 of the collective agreement and/or file an application under section 91 of the Canada Labour Code with the Canada Industrial Relations Board.
Re: URGENT MATTER - GRIEVANCE OF AIR CANADA AGAINST CUPE & REQUEST
FOR IMMEDIATE HEARING
Dear Mr. Kaplan,
Air Canada is filing this grievance pursuant to articles 13 and 15 and Letter of
Understanding No. 44 of the collective agreement between Air Canada and the Air
Canada Component of the Canadian Union of Public Employees (CUPE), as well as
paragraph 15 of the October 2015 Memorandum of Agreement. As a result, Air Canada
is making an urgent request for a hearing seeking interim relief as soon as is possible.
It has come to the attention of the company that CUPE and/or the employees that it
represents have violated the Canada Labour Code, by conducting, participating and/or
condoning an unlawful strike on August 14-15, 2025. The unlawful actions consisted of:
- Comments being made at a CUPE organized press conference encouraging Air
Canada flight attendants to engage in illegal strike activity;
- A CUPE bulletin that suggested that flight attendants should avoid operating
flights away from home base; and
- Comments being made on CUPE ACC social media encouraging flight attendants
to improperly book off.
Air Canada put CUPE on notice of this illegal activity this morning on August 15, 2025.
As a result of CUPE’s actions, Air Canada has experienced a material increase in the
number of book offs since these comments were made and the bulletin issued. As of
11:10 A.M. EST on August 15, 2025, 599 flight attendants have booked off work
between August 14-15, 2025.
Air Canada seeks the following relief:
1. a declaration that CUPE and CUPE-represented employees are participating,
are likely to continue to participate and have threatened to participate in
unlawful strike activity in contravention of the Canada Labour Code;
2. a declaration that the CUPE has declared and/or authorized an unlawful strike
within the meaning of the Canada Labour Code;
3. an order that the CUPE and CUPE-represented employees comply with the
terms of the Canada Labour Code and immediately cease and desist from the
unlawful strike;
4. to direct CUPE to revoke any declaration and/or authorization to unlawfully
strike and to forthwith give notice to all bargaining unit employees of such
revocation, notably by requiring CUPE and its officers, employees and agents,
to cease further communications encouraging employees to refuse to work;
5. a declaration that the Chief Arbitrator’s order be posted in the workplace and
on the CUPE website and all social media sites, including Facebook,
Instagram, X;
6. to require all members of CUPE employed by Air Canada to report for work as
scheduled and to perform their normal duties.
7. to require CUPE to give notice to its members that strike action is unlawful
until such time as the requirements of the Canada Labour Code have been
satisfied;
8. a declaration that failure to respect the Chief Arbitrator’s order will result in
discipline up to and including discharge;
9. an award of damages;
10. an imposition of a financial penalty on the CUPE; and
11. further and other relief as Air Canada may request or the Chief Arbitrator may
decide is appropriate.