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      CUPE Defies Back to Work Order

      Image: Union members at Vancouver International Airport (Photo Credit: CUPE)
      Image: Union members at Vancouver International Airport (Photo Credit: CUPE)
      Jen Mallia
      by Jen Mallia
      Last updated: 6:30 PM ET, Sat August 16, 2025

      In what is being called a ¡°terrible precedent¡± by CUPE and a ¡°blatant misuse¡± of the Labour Code by opposition MPs, federal Jobs minister Patty Hajdu has ordered Air Canada flight attendants back to work while the airline and union undergo binding arbitration. As of Aug. 17, CUPE has defied the order and is refusing to return to work. In response, the airline has postponed its plan to resume flights on Sunday, stating it is looking to have flights start again in the evening of Aug. 18, 2025.

      Minister Hajdu announced, only hours after the flight attendant strike officially began, that she was exercising her authorities under section 107 of the Canadian Labour Code ¡°to direct the Canada Industrial Relations Board to order the parties to resume and continue their operations and duties.¡±

      Speaking at a press conference, Hajdu said ¡°These parties have had months at the negotiation table. They've had support through the federal mediation service and they have been unable to cross the finish line," reports CBC News. "Arbitration is the most stable way to conclude this process for Canadians, while allowing parties to reach a deal."

      The decision was met with outrage from some quarters. CUPE issued a statement calling the decision a ¡°blatant betrayal¡± to workers and a win for corporations, who may in future stonewall the negotiation process in hopes of having the government intervene with back to work legislation and binding arbitration.

      ¡°This is absolutely shameful and a blatant betrayal,¡± said CUPE National Secretary-Treasurer Candace Rennick. ¡°The government¡¯s decision to intervene on behalf of an already wildly profitable employer, while a predominantly female workforce fights tooth and nail for a path out of poverty, is not just unjust, it¡¯s a disgraceful misuse of power that reeks of systemic bias and corporate favoritism.¡±

      NDP Leader Don Davies called on the Liberals to recall Parliament to debate the legislation rather than misusing the Labour code in this way.?

      Neither were Conservatives happy with the decision, with Labour Shadow Minister Kyle Seeback issuing a statement that ordering the union back to work was a gift for the government¡¯s ¡°corporate buddies.¡±

      ?

      Until the arbiter makes a decision, flight attendants are ordered to work under the terms of their expired contract. CUPE has vowed to keep up the fight: ¡°This is not over,¡± said CUPE National President Mark Hancock. ¡°We 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. Workers will win ¨C despite the best effort of the Liberal government and their corporate friends.¡±

      At the time of publishing, Air Canada has not yet issued an official statement, telling CTV News that it was ¡°premature to comment as the CIRB (Canadian Industrial Relations Board) process is underway," and that they were not ready to comment on restarting scheduled flights, saying, "We still ask customers not to go to the airport unless they have a confirmed booking and their flight is shown as operating.¡±

      UPDATE: Air Canada issued a response in the late afternoon of Aug. 16, 2025 stating that rolling cancellations would continue until at least the afternoon of Aug. 17, 2025. The statement read in part:

      "Air Canada today said all flights of Air Canada and Air Canada Rouge remain suspended pending the outcome of a Canada Industrial Relations Board (CIRB) process related to a directive by the Government of Canada ordering binding arbitration in the company¡¯s contract negotiations with its flight attendants.

      "Customers whose flights are cancelled are being notified of the cancellations and offered options that include a full refund, a future travel credit or rebooking on another airline. Those whose flights are cancelled are strongly advised not to go to the airport unless they have a confirmed booking on a flight by another carrier. ?

      ?In response to a labour disruption by the Canadian Union of Public Employees (CUPE) that led to a strike on August 16, Air Canada has been cancelling flights on a rolling basis. At present, all flights by Air Canada and Air Canada Rouge are cancelled until the afternoon (EDT) of August 17, 2025. Air Canada Express flights operated by Jazz or PAL continue to operate as normal.

      ?Air Canada deeply regrets the disruption¡¯s impact on customers. Additional customer information, including an FAQ, is available?www.aircanada.com/action. "

      ?


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      Jen Mallia

      Jen Mallia

      Senior Editor

      Jen Mallia is an Edmonton-based writer, editor, and Oxford comma apologist. She is a former senior editor of the CAA/AMA Insider magazines and has written for a host of publications, including The Globe and Mail. National Post, The Guardian, Today's Parent, and InStyle. 

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