digits_ wrote: ↑Sat Oct 08, 2022 4:31 pm
goingmissed wrote: ↑Sat Oct 08, 2022 4:07 pm
digits_ wrote: ↑Sat Oct 08, 2022 2:41 pm
With the exception of the sick days, how are the other things illegal job action?
According to the Board, the following activities may also constitute unlawful strikes:
a ban on, or concerted refusal to work overtime, even if in some cases the collective agreement provides for individual voluntary overtime;
http://www.cirb-ccri.gc.ca/eic/site/047 ... 00104.html
Thanks! Interesting info.
I'm curious how someone could get in trouble for refusing to work overtime (if the collective agreement allows you to turn it down) or stick to the collective agreement to a T though.
If it's organised, then sure, the organizers and participants could get in trouble. But if a company pisses of its employees, and gradually more and more decline voluntary overtime...? It would be difficult to call that an unlawful strike imo.
That's the thing, unions are actually in a pretty tough position when it comes to things like this. Back in 2010 with the Harper Conservative's in power, it was very clear that they would legislate the Air Canada Pilots back to work if there was a strike or job action. See page 131-132 of the linked Article
https://www.rankandfile.ca/wp-content/u ... ckouts.pdf On April 13, 2010, 150 AC pilots called in sick instead of the average 50 to 70. Even though ACPA made it very clear that they did not know about nor plan the "sick out", the CIRB ordered that it was a violation of the Federal Government's legislation and was job action.
In the US, the labour laws are different but what constitutes legal job action is similar. Spirit Airline Pilots, without ALPA's knowledge, organized a plan to not pick up overtime and even used social media to name pilots who did (to then try and get them not to pick up Open Time). Spirit not only obtained an injunction on the action, but ALPA was fined and basically had to put out Comms saying "pilots should be picking up OT" even though it was not organized by ALPA.
https://skift.com/2017/05/08/spirit-air ... f-flights/
The other real issue is that if pilots are found to be involved in such organizing or agreeing to it, they could be disciplined. So unions, whether it be ALPA/ACPA or somewhere else are in a difficult position when not in a legal strike situation (or in a legal strike situation but the government of the day threatens return to work legislation). The union and their leaders don't want to be fined or have to pay the Company dues money nor do they want individual members disciplined for such actions.
Not picking up Open Time, Not doing single engine taxiing, not assisting beyond your basic cockpit duties are all things that, if organized, could be considered job action. All these items are personal choices and it is very very important that they remain so and that Pilots follow the AOM/FOM and Contract.
Now, all this changes if, after Unsuccessful Contract Negotiations and a successful strike vote, a union and its members end up in a legal strike position. While a full work stoppage is obviously the most powerful and most well known use of this power, there are sometimes situations where a union instead proposes some lesser job action like no overtime. That's why, even if you don't agree with 100% of what your union does, when it comes to contract negotiations, it's very important to be unified as a group.
I can definitely empathize with those who would be in favour of such actions prior to being in a legal strike position and from a union member's perspective I can see why this would be considered unfair. At the same time, those of us at unionized Canadian Airlines have way more rights than folks who go to Cathay, Emirates or Qatar where they can fire you for pretty much any reason they want.