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Feds order arbitration, averting strike by WestJet mechanics

The federal government on Thursday ordered binding arbitration in the labor dispute between WestJet and the Aircraft Mechanics Fraternal Association (AMFA), to avoid a Canada Day mechanics strike that could wreak havoc on hundreds thousands of travel plans.

Federal Labour Minister Seamus O’Regan released a statement Thursday afternoon saying efforts to reach an agreement using the Canada Industrial Relations Board (CIRB), which he launched on June 18, have stalled.

“The parties today remain very distant and tensions have only increased since last Tuesday,” he said in a statement.

“As Minister of Labour,” he continued, “I am using my powers under the Canada Labour Code to advance the objectives of last week’s section 80 referral to help the parties reach their first collective agreement. I have directed the CIRB to impose final binding arbitration to resolve the outstanding terms of the collective agreement.

CTV News obtained a memo sent by the aircraft mechanics union, in response to the minister’s imposition of binding arbitration.

“AMFA’s legal advisors and FMCS representatives believe there is no modern precedent for the minister’s actions,” he said. “AMFA will comply with the minister’s order and direct its members to refrain from any illegal workplace actions.”

Asked about this, an AMFA spokesperson said they would not have further information until Friday.

On Thursday afternoon, WestJet released a statement confirming it would enter into an agreement with AMFA.

“In view of this, there will be no strike or lockout,” the airline said in a statement, “and it will no longer proceed with flight cancellations.”

“Thanks to the government’s action, Canadians’ summer travel plans have been protected and we have a path to resolution,” said Diederik Pen, WestJet Group President and Chief Operating Officer.

“We recognize the significant impact that the initial cancellations continue to have on our customers and associates, and we sincerely appreciate their patience and understanding as we resume operations.”

Last minute effort

O’Regan’s decision was a last-minute effort to avert a potential strike by WestJet aircraft mechanics that the airline’s CEO said would disrupt the travel plans of 250,000 customers over the Canada Day long weekend and cost the airline millions of dollars.

The Calgary-based carrier has already begun canceling flights, canceling about 25 trips Thursday and Friday in anticipation of a possible strike by AMFA, which has threatened to hit the picket lines as early as 5:30 p.m. MDT Friday.

Already affecting some 3,300 customers, WestJet’s decision to begin concentrating its fleet of 180 planes is aimed at avoiding leaving planes in remote locations and stranding passengers and crew.

As negotiations for the union’s first collective agreement continue in a windowless conference room at a hotel near Toronto’s Pearson Airport, the tone of statements issued by both sides Wednesday night and Thursday morning has grown increasingly aggressive.

The mechanics union, which represents about 680 workers — the majority of them aircraft maintenance engineers (AMEs) who inspect every plane in operation every day — has accused WestJet of “briefing” and “false accusations.”

The airline said on Wednesday it had asked the government to cancel its strike notice without informing its negotiators.

“In its own submission today, WestJet alleges that an AME strike would put ‘the company and the travelling public at risk at a critical time,'” the union’s bargaining committee said in a statement Wednesday.

“It is difficult to conceive of a more inflammatory or offensive comment.”

‘Catastrophic’

WestJet has called the impact of a potential strike “catastrophic.”

“As we quickly approach the July long weekend, it is particularly devastating that the strike notice we received from AMFA has forced us to begin canceling flights and parking planes, for the second time in just over a week,” WestJet Airlines President Diederik Pen said in a statement.

He described the decision to trigger flight cancellations as “painful”, highlighting the consequences for customers.

Plane mechanics first served the carrier with a 72-hour strike notice on June 17, prompting WestJet to cancel nearly 50 flights last week before the two sides agreed to resume negotiations. The second strike notice was filed on Tuesday.

Union members voted overwhelmingly to reject a tentative deal earlier this month and opposed WestJet’s request to intervene in the country’s labour court.

The Canada Industrial Relations Board (CIRB) said it needs more time and submissions from each side before deciding whether to create a collective agreement through binding arbitration, as WestJet proposed last week.

“It’s a bit stressful”

For travelers at the Calgary International Airport, the uncertainty surrounding the situation has created even more stress than a trip to the airport already generates for many people.

Claude Slade just finished a three-week work rotation in Victoria and said his trip back to Newfoundland was delayed, impacting some family plans.

“It’s my wife’s 50th birthday today,” Slade said. “We’re going to lose another day on our recovery plan because of this situation.”

“We’re going to play the Canada Cup and a few of our teammates had their flights canceled on the way there,” said Adyson Switzer of Calgary.

Addyson (in shorts) says some of her teammates’ flights were canceled and one of them now had to drive to get to the tournament in time. (Photo: Alésia Fieldberg)

The Canada Cup International Softball Championships were scheduled to be held in Surrey, B.C., from June 28 to July 7, but Switzer said a pitcher on her U-17 team couldn’t catch another flight in time and had to drive.

“Otherwise they won’t be there on time and won’t have enough girls to play,” Switzer said.

“It’s a little stressful.”

Many other travelers experienced flight delays and changes, impacting their connecting flights.

“I’ve already booked all my time off from work, so every day that goes by is a loss of vacation,” said Fred Manaloto of Lethbridge, adding that he now has to fly to the Philippines two days later than planned.

Fiona McCarney and her husband Damien, flying from Ireland, said two of their WestJet flights over the past week had been changed due to maintenance work.

Fiona and Damien are waiting to return to Dublin.

“Our flight was probably about a 25 minute flight and we were told we were going back to Vancouver due to maintenance issues.”

As a result, they missed their flight to Dublin and had to wait two days in Calgary for a new flight.

“We are expected, fingers crossed, back in Dublin this evening and I hope WestJet doesn’t let us down this time.”

“They warned us that there might be disruptions due to the mechanics’ strike, so that makes us really nervous.”

With documents from The Canadian Press