WestJet mechanics have gone on strike one day after Labour Minister Seamus O’Regan directed the Canada Industrial Relations Board (CIRB) to impose final binding arbitration to resolve the outstanding issues of the collective agreement between the airline and the Aircraft Mechanics Fraternal Association (AMFA).
In a statement Friday, AMFA said WestJet mechanics went ahead with strike action against the company, but the union remains engaged in dialogue with the CIRB to resolve the impasse.
“The AME’s were hopeful this action would be unnecessary but the airline’s unwillingness to negotiate with the union made the strike,” the statement reads.
In a statement Thursday, AMFA said there is no modern precedent for the minister’s action. However, the union said it will comply with the order and directed its members to avoid any unlawful job action.
The union’s legal counsel, however, said that the strike is within the union’s rights even with the minister’s order. Sam Sahen said that there was no explicit mention that job action by AMFA would be against the law.
“What was silent or what was omitted from the minister’s referral is any indication that AMFA’s right to strike had been curtailed or limited, that is a constitutional right,” he said.
“So in that silence, of course the right prevails, the minister did not take any steps to limit that right. There may be some confusion, but the striking and arbitrating are not mutually exclusive.”
He said that the CIRB also expressed that job action by the union is lawful.
O’Regan previously referred WestJet and AMFA to the CIRB on June 18, but the two sides were unable to reach an agreement.
WestJet responded to AMFA going ahead with a strike on Friday, saying it is “outraged” with the move.
“The government has officially stepped in to provide binding arbitration and ensure we get to a resolution; the only reason for this union to continue with a strike action is to create damage, disrupt the travel plans of thousands of Canadians over the July long weekend and to inflict significant costs on our business,” said company president Diederik Pen in a statement.
“Given arbitration has been ordered, a strike has no leverage on the arbitration’s outcome, so it is pure retaliation of a disappointed union.”
The Calgary-based carrier began to cancel flights ahead of a potential strike prior to the minister’s order. Roughly 25 trips scheduled for Thursday and Friday were called off in anticipation of possible job action by AMFA.
Sarah Newman, a WestJet customer, was booked on a flight heading to Puerto Vallarta, Mexico, for her honeymoon, but was delayed due to unscheduled maintenance.
She’d already gone through the same situation earlier in the week due to the disruptions of the back-and-forth situation between the airline and AMFA.
“We haven’t been on a vacation like this in eight years,” Newman said. “I want it to get back on schedule and not have any grounded flights for anybody travelling.”