Negotiations Update Bulletin
December 2, 2011
Dear Brothers and Sisters:
Your bargaining committee met with Air Canada this week in Gatineau. Though we continued to work on items towards a renewed collective agreement, the pace began to slow down.
Just when you thought there was no Grinch, he shows up for a repeat performance.
Air Canada decided today that they need to file for conciliation.
While conciliation can be a normal process during bargaining, they filed not because we have arrived at an impasse but because this will allow them to gain control.
Managers have been on the floor actively telling members how much they care and want to give.
This corporation has demonstrated many times over the past decade their incapacity to address our members’ concerns, and today is no different.
To give you an overview of how conciliation works, the following summarizes the conciliation process under the Canada Labour Code, as explained by our lawyer.
Conciliation Process – Canada Labour Code
– Air Canada sends a notice of dispute under section 71.
– The Labour Minister then has a maximum of 15 days to appoint a conciliator (section 72).
– When a conciliator is appointed, he or she has 14 days from the date of the appointment (or a longer period if agreed by the parties or allowed by the Minister) to report whether or not conciliation has succeeded (section 74(2)(b).
– The Minister may not extend the timeline for a report beyond 60 days from the date of the appointment except with the consent of the parties. The conciliator is deemed to have reported at 60 days or at the end of a time limit extended by agreement — whether or not there is an actual report (section 75).
– Twenty-one days must then go by from the date of the report or deemed report before a strike / lockout can be declared (section 89(1)(d).
– In addition, strike notice must be given within 60 days of a strike vote (section 87.3), unless there is a lockout. If not, the strike vote must be taken again.
– A strike / lockout notice must be given at least 72 hours in advance (section 87.2).
In the meantime, we will continue to bargain with Air Canada in an attempt to reach an agreement we can bring to you for ratification.
We will keep you updated as things process.
In solidarity,
Your IAMAW / TMOS Negotiations Committee
