Arbitration March 23, 2012 -Cease and Desist Order

IN THE MATTER OF AN ARBITRATION

BETWEEN:

AIR CANADA

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IAMAW

Cease and Desist Order

MARTIN TEPLITSKY, Q.C.

Arbitrator

APPEARANCES:

On behalf of Air Canada: John Beveridge

Scott Morey

On behalf of lAMAW:

March 23, 2012

Adam Curtis

Fred Headon

Rachelle Henderson

Michel Richer

Boyd Richardson

Chuck Atkinson

Brad Gomes

Derek Morgan

Vick Seebelak

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At 8:00 a.m. today, I convened by conference call, an emergency hearing to consider the

employer’s request for a cease and desist order.

Beginning at 9:00 p.m. on March 22,2012, at Pearson International, illegal concerted

work stoppages started. Approximately 150 lAM members were involved. The Union was asked

to assist. They came in but were unable to quell the illegal conduct.

By 11 :30 p.m. the number of employees had shrunk to 50.

However, starting at around 4:30 a.m. today, a crowd began to gather again and there are presently about 150 employees involved.

It appears that the catalyst for this illegal work stoppage was the employer’s exercise of

its contractual right to suspend with pay 3 employees pending investigation (Article 17.01.01).

The 3 allegedly interfered with the Federal Labour Minister on her arrival in Toronto last night.

The precise nature of their conduct was not elaborated. The illegal work stoppage seems to have

been generated by the incorrect assumption that these employees had been terminated.

This illegal activity spread to Montreal and the entire lAM workforce at the airport

walked offthe job early this morning.

It is patently obvious that this illegal activity is seriously harming Air Canada by

disrupting its operations and inconveniencing the travelling public. Many flights have been cancelled.

Accordingly, I issue a cease and desist order requiring the employees to stop immediately

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their illegal work stoppage and return to work without further delay. I also impose the following

terms:

1. No discipline shall be meted out to any employee until there is a meeting between

the Union and the employer and me at which time, if the parties are unable to agree on a disposition, I will issue an award.

I take this unusual step to ensure that all responses are measured, fair, and not influenced by the passions of the moment.

I will view prompt obedience to this award as an important mitigating factor. If

any employees choose the path of further illegal activity, I will view such conduct as a serious aggravating factor.

2. All pay issues will be dealt with at the meeting previously referenced. Until then

there will be no deductions from pay for employees who obey the cease and desist and return promptly to work.

3. These terms also apply to the 3 employees sent home on a 72-hour paid

suspension. At the end of this period, they will return to work. Their matters will be dealt with as already outlined

The urgency of this matter prevents my elaborating fully on the reasons why illegal

concerted activity is such a serious breach of the employment relationship. We live in a society

governed by the rule of law. We risk losing and weakening these fundamental values when we

engage deliberately in illegal conduct to advance our goals. It does not take much imagination to

picture a world in which everyone with a grievance or a complaint could address it through

illegal self-help. We would be living in a jungle not in a civilized democracy.

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I fully expect that there will be no illegal activity anywhere else in the Air Canada World,

i.e. Winnipeg, Calgary, Edmonton, Vancouver and points east. No employee is to join this illegal activity.

I remain seized.

DATED the 23rd day of March, 2012.

Martin Teplitsky

Arbitrator

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