CANSA Bargaining 2024

CANSA continues to fight for members’ right to strike

Nov. 5, 2024

The Canadian Air Navigation Specialists Association (CANSA) at Unifor Local 1016 continues to fight NAV Canada’s perception that members are deemed essential service and therefore, do not have the right to strike, at the Canada Industrial Relations Board.

“I have over 35 years with Nav Canada, and I am having trouble trying to find a time where I was more disappointed that Nav Canada would not give their employees the same types of raises that they have given other groups or themselves,” said CANSA President Jim Walker.

“They hold townhall meetings, telling our members that they are important and valued assets of the company but are unwilling to compensate them with fair pattern wage increases. Why they would expect you to take less when you are the very people tasked with making the system work is baffling.”

The union filed pursuant to section 87.4(4) of the Code for the Maintenance of Activities Agreement (MOAA) for the Board to determine whether CANSA members have the right to strike. 

On April 25, 2024, the board requested submissions from the parties in this matter. Response submissions were filed by the parties on May 15, 2024, and final reply submissions were filed by May 31, 2024. 

In its reply submissions, Unifor submitted that there are significant issues of contested fact in these proceedings, and accordingly, the union requested that a hearing be held. 

The board has not taken any action in the last five months. While it is unclear as to why the board is slow to react, the union remains steadfast in seeing this issue through and its legal team is encouraging the board to act expeditiously.

Walker urges all members to continue wearing their black shirts on Thursdays to show Nav Canada that their solidarity and commitment will not be broken.

As Unifor moves though the MOAA process, the CANSA Executive have been asked several questions on what rights and responsibilities members have: 

Can members start job action?

Members have the fundamental right to have their work done by themselves and to withdraw those services when the union is in a legal position to do so. That time will arrive once the union has received the MOAA, conducted a strike mandate with a majority vote and then given the appropriate 72-hour notice. 

Members have responsibility to do their jobs as they always have done. They cannot withdraw any services until the union is in a legal position to so. If Nav Canada asks members to do something that is in violation of the collective agreement or outside their job description, they should ask their manager for a letter telling them to perform the duty and inform their union representative. 

Can members speak out to their manager and let them know they have concerns?

Members have the fundamental right to express their displeasure with how they are being treated. Remember to do so respectfully, while always following Nav Canada’s code of conduct. It is important for Nav Canada to know that it is the members who are demanding respect from the company and not just the union.

• Members should feel free to let the company know they are disillusioned with a company that claims to have a “one company” outlook but fails to treat all employees equally at the bargaining table. 

• Instead of telling the bargaining team that the cost of living is rising significantly while Nav Canada’s salary offers are aimed to keep members behind those increases, tell the employer. 

• Instead of telling the bargaining team that Nav Canada is inspiring members to come in and do what is required of them, but the desire to do extra to help this company is gone, tell Nav Canada. Let them know that the loss of that desire is the most disheartening part.

While the union will continue to pass on members’ messages at the highest levels, it is important for the local management to hear those messages directly, and respectfully, from members, so that they can pass them on to their manager.

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CANSA will file grievance with NAV Canada if company moves forward with contracting out training work

Nov. 4, 2024

The Canadian Air Navigation Specialists Association (CANSA) at Unifor Local 1016 is preparing to file a grievance after NAV Canada announced it is moving the members’ training work to another company, CAE.

“Our members’ rights come first and foremost,” said CANSA President Jim Walker. “To protect them, we are in the process of filing a grievance for this blatant disregard of the Canada Labour Code and our collective agreement.”

When bargaining started in May of 2023, Nav Canada did not inform CANSA of any plans to contract out a portion of the generic initial training of Air Traffic Controller and Flight Service Specialist training to CAE. 

CANSA first heard this was NAV Canada’s plan months later when ATS Learning provided a briefing on the subject. Still, nothing was brought forward in bargaining despite Nav Canada signing collective agreements with CATCA and ATSAC (Unifor Locals 5454 and 2245) that included the ability to use CAE for initial training. 

At that time, CANSA introduced boundaries during bargaining for contracting out to ensure the members were protected. Those boundaries remain in dispute currently until a full collective agreement is bargained and ratified.

However, the company has decided to go ahead with moving some of the CANSA work to CAE while both sides are still in bargaining, despite the union’s objections. NAV Canada has also requested CANSA members to assist in the transfer of work to CAE.

To date, CANSA has stopped its members from transferring their own work to a contracted third party, but unfortunately, other training and data information was transferred by management and other internal sources.

Nav Canada cannot change the conditions of employment while in bargaining. The Canada Labour Code states:

50 (b) the employer shall not alter the rates of pay or any other term or condition of employment or any right or privilege of the employees in the bargaining unit, or any right or privilege of the bargaining agent, until the requirements of paragraphs 89(1)(a) to (d) have been met, unless the bargaining agent consents to the alteration of such a term or condition, or such a right or privilege.

Nav Canada is seeking government relief from anti-scab laws.

“We maintain that this is the privileged work of CANSA and can’t unilaterally be contracted out,” said Walker. “We see this as an attempt to skirt anti-scab laws while in bargaining by contracting our work out while still actively bargaining the issue.”

CANSA continues to be willing to meet with Nav Canada and bargain a fair collective agreement.

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CANSA members defend their right to strike and calls out NAV Canada for rejecting pattern bargaining

Oct. 10, 2024

The Canadian Air Navigation Specialists Association (CANSA), Unifor Local 1016, is shining a spotlight on employer NAV Canada’s determination to break pattern bargaining. Contract talks broke down in February, propelling the union to file for conciliation.

“Nav Canada is intent on disrupting the Unifor pattern,” said Jim Walker, president of Unifor Local 1016. 

“The employer made it clear during conciliation that the Unifor national pattern is too generous and would help lift the working conditions of other bargaining units across Nav Canada. The employer is not prepared to do that.”

On Apr. 16, NAV Canada told Unifor it plans to use replacement workers, on the same day the company publicly announced it signed a new deal with CAE Inc. to contract out the work of operational training simulation specialist members of Unifor Local 1016. CAE would provide the generic training for flight service specialists (Unifor Local 2245) and air traffic controllers (Unifor Local 5454) instead of our Unifor training specialists. 

Unifor believes in free collective bargaining – including the right to strike.

The federal sector finally received protection against scabs with the passing of the recent anti-scab legislation. 

During the bargaining process, NAV Canada sent a letter to the House of Commons in support of amendments proposed by Federally Regulated Employers – Transportation and Communications (FETCO) to seek a special exemption from the effect of anti-scab legislation and asked for “essential work designations” to be extended to workers in navigation and air traffic services – the antithesis of bargaining in good faith.

Conciliation with NAV Canada ended on April 12, 2024, and the bargaining committee was unable to have any meaningful discussions with the employer. This was the last day before the mandatory 21-day cooling off period, during which no strike or lockout can take place.

The union filed its submission for a Maintenance of Activities Agreement (MOAA) with the Canada Industrial Relations Board (CIRB) on May 15. The union also filed a rebuttal to Nav Canada’s submission threatening Unifor with the use of scab labour to replace the members in case of job action.

The MOAA application is ongoing as CANSA waits to hear back from the CIRB on members’ right to withdraw services. To date, the CIRB has not rendered a decision, nor called for oral hearings as requested by both parties.

Until the decision is received from the CIRB, the union will not be in a strike position.

“Continued patience and solidarity among Unifor Local 1016 members will be critical to showing the employer that we are serious about enforcing the Unifor pattern,” said Walker.

“The other two Unifor locals in Nav Canada, Local 5454 and Local 2245, have already ratified the pattern with the company. Local 1016 members deserve the same respect.”

The local represents members in Air Traffic Control Training, Operational Support, Notice to Airmen (NOTAM), Flight Data Analytics and Aeronautical Information Management at NAV Canada locations from coast-to-coast. 

The CANSA bargaining team will keep members up to date with any new developments.

Unifor is Canada’s largest union in the private sector, representing 320,000 workers in every major area of the economy. The union advocates for all working people and their rights, fights for equality and social justice in Canada and abroad and strives to create progressive change for a better future. 

For more information, please contact Unifor National Communications Representative Jenny Yuen at: @email or (416) 938-6157.

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CANSA prepares for end of cooling off period

The Canadian Air Navigation Specialists Association (CANSA) at Unifor Local 1016 is preparing for the end of the 21-day cooling off period – during which no strike or lockout can take place – with employer NAV Canada on May 3, 2024, just before midnight.

“The support and solidarity our members have shown over the last 300 days they have been without a contract speaks volumes which cannot be ignored by NAV Canada,” said James Walker, President of CANSA and Unifor Local 1016.

“We will continue to fight tooth-and-nail for our members and the bargaining committee will bring back a legitimate offer when we receive one from the company.”

Unifor has been open to negotiating a fair and reasonable settlement with NAV Canada both during the conciliation period that ended on April 12, 2024, and during the cooling off period, however, the company has not reached out to the union and the bargaining committee has not had any meaningful discussions or any type of a legitimate offer.

As the cooling off period is about to expire, the union would normally be in a strike position after issuing a 72-hour strike notice. However, there are several provisions in the Canada Labour Code, which must be satisfied before that can happen. 

Both sides must complete the Maintenance of Activities Agreement. Unifor previously informed its CANSA members that it required the Canadian Industrial Relations Board (CIRB) to intervene after Nav Canada threatened the union with the use of scab labour to replace the members in the event of job action.

There has not been any significant improvement of the NAV Canada offer since mid-March, the same month when members overwhelmingly supported a strike vote.

Strike action is the last resort, and the union takes this mandate very seriously.

Unifor’s legal department is making submissions to the CIRB, and the union is asking the board to uphold our members’ rights to free collective bargaining and to be able to use all aspects, including the right to withhold labour, to achieve a fair collective agreement.

Until such time that we have a decision from the CIRB, the union will not be in strike position, but thanks the members for remaining steady and strong in their resolve.

The local represents members in Air Traffic Control Training, Operational Support, Notice to Airmen (NOTAM), Flight Data Analytics and Aeronautical Information Management at NAV Canada locations from coast-to-coast. 

The CANSA bargaining team will update members with any new developments. 

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NAV Canada threatens workers with use of scabs 

As the Canadian Air Navigation Specialists Association (CANSA) at Unifor Local 1016 continued to negotiate with NAV Canada on the Maintenance of Activities in the event of a legal strike and/or lock-out to protect the Canadian travelling public, the company has advised the local it plans to use scab labour. 

“We have been fighting tooth-and-nail for the federal government to pass anti-scab legislation now,” said Unifor National President Lana Payne. 

“Let Unifor’s actions at CN Autoport be a warning to other companies that our union won’t tolerate scab labour. We will defend our members’ right to strike and to free and fair collective bargaining. My message to NAVCan: Unifor is ready. All of us.” 

Bill C-58, otherwise known as the federal anti-scab legislation, will help protect the right to fair collective bargaining and to strike, when necessary, a right that workers have fought for and won repeatedly. It passed second reading in the House of Commons with all-party support on Feb. 27, 2024. 

On the same day NAV Canada told Unifor it plans to use replacement workers, the company publicly announced it signed a new deal with CAE Inc. to contract out the work of operational training simulation specialist members of Unifor Local 1016. CAE would now provide the generic training for flight service specialists (Unifor Local 2245) and air traffic controllers (Unifor Local 5454) instead of our Unifor training specialists. 

Both sides came to an impasse in conciliation on April 12, 2024. 

James Walker, President of CANSA and Unifor Local 1016, said NAV Canada made it clear to the bargaining committee that the company would not agree to the established Unifor pattern because the company feared the other four unions in bargaining would use it in arbitration against them. To add further insult, NAV Canada is seeking significant concessions from CANSA.  

“This has been a very frustrating round of negotiations,” said Walker. 

“We have seen delay after delay to settle with the other unions first in hopes of diluting the pattern. Now, they are resorting to bullying tactics in order to spread fear amongst our members, who voted 95% in favour of strike action. This will not be tolerated.” 

In February, CANSA and NAV Canada jointly advised the Canadian Industrial Relations Board (CIRB) of their efforts to negotiate a Maintenance of Activities agreement. If the parties were unable to reach a settlement, the CIRB would be required to intervene. 

Unifor has advised the CIRB that given the bully tactics employed by NAV Canada the union does not see how the parties can come to terms. Unifor has asked the labour board to exercise their power under Section 87.4(6) of the Canada Labour Code. 

The local represents members in Air Traffic Control Training, Operational Support, Notice to Airmen (NOTAM), Flight Data Analytics and Aeronautical Information Management at NAV Canada locations from coast-to-coast. 

The CANSA bargaining team will update members with any new developments. 

Unifor is Canada’s largest union in the private sector, representing 315,000 workers in every major area of the economy. The union advocates for all working people and their rights, fights for equality and social justice in Canada and abroad and strives to create progressive change for a better future. 

For more information, please contact Unifor National Communications Representative Jenny Yuen at: @email or (416) 938-6157.