Related Articles

April 2003 IBEW Journal

Bargaining Impasse

Nav Canada has delayed, failed to bargain in good faith and refused to negotiate at all for extended periods. The bargaining process has been one frustration after another for Local 2228 and its Nav Canada members.

Shortly after the most recent contract expired in August 2000, the parties began negotiations. However, nearly one year passed before the employer presented any counter proposal to Local 2228’s wage proposal. Consequently, the local broke off negotiations and applied for conciliation in June 2001. That same month Local 2228 filed a bad faith bargaining complaint with the Canada Industrial Relations Board. Nav Canada has refused to negotiate with the IBEW since September 2001. (See sidebar on page 12 for a timeline history of the Nav Canada dispute.)

"Maintenance of Activity" Issue:

During this impasse, the Canada Labour Code was changed in January 1999, introducing a Section 87.4 "Maintenance of Activities" requirement that effectively prohibits the right to strike until the number of employees to be designated as essential workers during a strike has been established.

"Throughout this period of labour instability, there has been an outstanding Section 87.4 application (Maintenance of Services) before the Canada Industrial Relations Board which has yet to be heard and which has not been resolved in a timely manner," Business Manager Morse wrote to Canada’s Minister of labour on February 12, 2003. "The IBEW submits that Nav Canada has purposely delayed the 87.4 process to delay collective bargaining."

Dispute Resolution Process: ‘Conciliation-strike’ vs. Arbitration

Currently, Local 2228 mandates a "conciliation-strike" dispute resolution process—rather than a binding arbitration process—for resolving contract negotiations disputes.

"Nav Canada has publicly stated it is prepared to resolve the various collective bargaining impasses via binding arbitration," Business Manager Morse wrote to local members February 5, 2003, noting that he has concluded the impasse will only be resolved via binding arbitration. A vote of the membership is required to change the local’s mandate from conciliation-strike to arbitration.

Throughout February and March 2003, Business Manager Morse, President Gainforth and IBEW International Representative Paul G. Tremblay traveled to meet with members at 14 unit locations to hear their views on changing the dispute resolution process.

As this issue of the IBEW Journal went to press, that process was continuing. So, too, was the fight for workplace justice in this critical part of Canada’s air traffic system.