ryan white
@ryanwhite.bsky.social
Labour law and long walks in the forest.
Reposted by ryan white
CUPE flight attendants defied a Section 107 back-to-work order, forced #AirCanada back to the bargaining table, and successfully bargained a tentative agreement.
A new page of Canadian labour history has been written today.
cbc.ca/player/play/...
#cndpoli #canlab
A new page of Canadian labour history has been written today.
cbc.ca/player/play/...
#cndpoli #canlab
Air Canada strike over, with tentative deal reached, airline and union say
A tentative agreement has been reached to end the contract dispute between Air Canada and its flight attendants, both the airline and the Canadian Union of Public Employees say.
cbc.ca
August 19, 2025 at 11:59 AM
CUPE flight attendants defied a Section 107 back-to-work order, forced #AirCanada back to the bargaining table, and successfully bargained a tentative agreement.
A new page of Canadian labour history has been written today.
cbc.ca/player/play/...
#cndpoli #canlab
A new page of Canadian labour history has been written today.
cbc.ca/player/play/...
#cndpoli #canlab
A great thread - a longer and even more detailed thread than mine on why the Air Canada debacle may be lighting the fuse (a fuse which was itself set up by other use of s.107)
The existing Canadian system of collective bargaining, for all its flaws, was forcibly extracted from a reluctant Liberal government in the 1940s, after a decade of workers demonstrating that restricting strikes only fuelled further class conflict 1/ 🧵
August 18, 2025 at 10:04 PM
A great thread - a longer and even more detailed thread than mine on why the Air Canada debacle may be lighting the fuse (a fuse which was itself set up by other use of s.107)
His thread is better - I spent some time last night trying to find his book in our house and should have spent the time reading his Bluesky account instead!
August 18, 2025 at 10:03 PM
His thread is better - I spent some time last night trying to find his book in our house and should have spent the time reading his Bluesky account instead!
It is never going to be one strike that is the tipping point - Sefton McDowell, for example, attributes of lot of weight to the Kirkland Lake mining strike which was ultimately unsuccessful. But we need to take the opportunities we are given and it seems like something is building here. /15
August 18, 2025 at 3:39 PM
It is never going to be one strike that is the tipping point - Sefton McDowell, for example, attributes of lot of weight to the Kirkland Lake mining strike which was ultimately unsuccessful. But we need to take the opportunities we are given and it seems like something is building here. /15
Things are obviously different than they were in the 1940s -- but there are similarities: growing support for unions, more strikes, inflation -- and a more defiant (and militant) trade union response is the counterpunch that we need -https://digitalcommons.osgoode.yorku.ca/cllpj/vol45/iss2/7/. /14
Labour Against the Law? Contesting the Restrictive Norms of Industrial Legality Through Unlawful Strikes
North American regimes of industrial legality provide workers with protected rights to organize, bargain collectively, and strike. However, they also limit the freedom to strike. Trade unions commonly...
digitalcommons.osgoode.yorku.ca
August 18, 2025 at 3:39 PM
Things are obviously different than they were in the 1940s -- but there are similarities: growing support for unions, more strikes, inflation -- and a more defiant (and militant) trade union response is the counterpunch that we need -https://digitalcommons.osgoode.yorku.ca/cllpj/vol45/iss2/7/. /14
Capital fought back with restrictions on strikes and globalization and even with the Charter, labour hasn't really been able to effectively counter this approach. Which brings us to the opposition to s.107 by CUPE etc and other labour disputes like the education strike in Ontario in 2022 /13
August 18, 2025 at 3:39 PM
Capital fought back with restrictions on strikes and globalization and even with the Charter, labour hasn't really been able to effectively counter this approach. Which brings us to the opposition to s.107 by CUPE etc and other labour disputes like the education strike in Ontario in 2022 /13
Labour then counter punches with more militancy which in turn leads to the adoption of the Wagner model (see, for example, Sefton MacDowell - lltjournal.ca/index.php/ll...) and keeps punching with militancy post-war that gives rise to the construction industry provisions etc. /12
View of The Formation of the Canadian Industrial Relations System During World War Two
| Labour / Le Travail
lltjournal.ca
August 18, 2025 at 3:39 PM
Labour then counter punches with more militancy which in turn leads to the adoption of the Wagner model (see, for example, Sefton MacDowell - lltjournal.ca/index.php/ll...) and keeps punching with militancy post-war that gives rise to the construction industry provisions etc. /12
Not to over simplify but it is part of a long back and forth between labour and the state in Canada - as trade unions gain power in late 19th century, mechanisms like the Industrial Dispute Investigation Act (IDA, referenced by Craven above) are used to recognize unions but undercut their power. /11
August 18, 2025 at 3:39 PM
Not to over simplify but it is part of a long back and forth between labour and the state in Canada - as trade unions gain power in late 19th century, mechanisms like the Industrial Dispute Investigation Act (IDA, referenced by Craven above) are used to recognize unions but undercut their power. /11
Which gets us back to the argument that we are returning to a pre-1940s approach to regulating labour even if in the shadow of the Charter and Wagner model. In fact, the issue of perpetually "delayed hostilities" is what brought about the Wagner model in the first place (at least in Canada) /10
August 18, 2025 at 3:39 PM
Which gets us back to the argument that we are returning to a pre-1940s approach to regulating labour even if in the shadow of the Charter and Wagner model. In fact, the issue of perpetually "delayed hostilities" is what brought about the Wagner model in the first place (at least in Canada) /10
Sure -- Ford lost that strike, but not before using the notwithstanding clause to try and force workers back and to work. While its true that the Charter may provide a remedy for much of this, including the use of s.107 against CUPW, CUPE and the Teamsters -- that will be years from now... /9
August 18, 2025 at 3:39 PM
Sure -- Ford lost that strike, but not before using the notwithstanding clause to try and force workers back and to work. While its true that the Charter may provide a remedy for much of this, including the use of s.107 against CUPW, CUPE and the Teamsters -- that will be years from now... /9
The Charter superficially changes this -- there was no Charter protected right to strike in 1907 (there was no Charter), but gov'ts are finding ways around as evidenced by Ford's approach to the CUPE strike in 2020 /8
Labour Against the Law? Contesting the Restrictive Norms of Industrial Legality Through Unlawful Strikes
North American regimes of industrial legality provide workers with protected rights to organize, bargain collectively, and strike. However, they also limit the freedom to strike. Trade unions commonly...
digitalcommons.osgoode.yorku.ca
August 18, 2025 at 3:39 PM
The Charter superficially changes this -- there was no Charter protected right to strike in 1907 (there was no Charter), but gov'ts are finding ways around as evidenced by Ford's approach to the CUPE strike in 2020 /8
Importantly, this is all been developed by the Liberals - a party that is ostensibly allied with trade unions (or some unions) and historically more union friendly than the Conservatives -- they recognize the legitimacy of unions, but want to use the labour relations regime against them /7
August 18, 2025 at 3:39 PM
Importantly, this is all been developed by the Liberals - a party that is ostensibly allied with trade unions (or some unions) and historically more union friendly than the Conservatives -- they recognize the legitimacy of unions, but want to use the labour relations regime against them /7
In other words, the State didn't need to physically repress strikes (though they often did) they simply needed to stop strikes from even starting through mandatory meetings, reports etc. /6
August 18, 2025 at 3:39 PM
In other words, the State didn't need to physically repress strikes (though they often did) they simply needed to stop strikes from even starting through mandatory meetings, reports etc. /6
Craven wrote: "[the pre-war approach] was, in the characteristic fashion of the Canadian state until the 1940s, directed "towards the ad hoc suspension of hostilities," in the context of "a generalized defense of private property rights by the capitalist state." /5
August 18, 2025 at 3:39 PM
Craven wrote: "[the pre-war approach] was, in the characteristic fashion of the Canadian state until the 1940s, directed "towards the ad hoc suspension of hostilities," in the context of "a generalized defense of private property rights by the capitalist state." /5
The use of s.107 is the culmination of a project by Provincial and Federal gov'ts to return to the pre-Wagner (i.e. pre-1944) of regulating strikes in Canada. This approach was summarized by Paul Craven decades ago in his book "An Impartial Umpire" /4
August 18, 2025 at 3:39 PM
The use of s.107 is the culmination of a project by Provincial and Federal gov'ts to return to the pre-Wagner (i.e. pre-1944) of regulating strikes in Canada. This approach was summarized by Paul Craven decades ago in his book "An Impartial Umpire" /4
But the recent turn to using s.107 to stop federally regulated strikes as soon as they start (and then bog those strikes down in bureaucratic delays) is a new development which has allowed the Federal Government to bypass back to work legislation and manage strikes quickly by fiat. /3
August 18, 2025 at 3:39 PM
But the recent turn to using s.107 to stop federally regulated strikes as soon as they start (and then bog those strikes down in bureaucratic delays) is a new development which has allowed the Federal Government to bypass back to work legislation and manage strikes quickly by fiat. /3
Back to work legislation has been a staple of Canadian state regulation of unions for decades and a key means of state coercion, especially since the rise of public sector unionism in the 60s and 70s -- Panitch and Schwartz do a great job of setting this out: www.lltjournal.ca/index.php/ll... /2
View of Towards Permanent Exceptionalism: Coercion and Consent in Canadian Industrial Relations
| Labour / Le Travail
www.lltjournal.ca
August 18, 2025 at 3:39 PM
Back to work legislation has been a staple of Canadian state regulation of unions for decades and a key means of state coercion, especially since the rise of public sector unionism in the 60s and 70s -- Panitch and Schwartz do a great job of setting this out: www.lltjournal.ca/index.php/ll... /2
@thelawofwork.bsky.social and @xntl.bsky.social have been providing great on-going commentary or summaries -- but here is a longer thread on why CUPE's defiance of the CIRB's order (and the decision to remain on the picket line) is so important /1
"Air Canada has to learn not to call mommy and daddy every time they reach an impasse at the bargaining table. They have to actually sit down and get a deal done with their workers." - @stufts.bsky.social Solidarity with flight attendants! www.cbc.ca/news/canada/...
Air Canada flight attendants to defy back-to-work order, remain on strike: union | CBC News
Air Canada flight attendants will defy the back-to-work order and remain on strike after the federal government ordered binding arbitration to end the work stoppage, the Canadian Union of Public Emplo...
www.cbc.ca
August 18, 2025 at 3:39 PM
@thelawofwork.bsky.social and @xntl.bsky.social have been providing great on-going commentary or summaries -- but here is a longer thread on why CUPE's defiance of the CIRB's order (and the decision to remain on the picket line) is so important /1
Reposted by ryan white
CUPE’s National President Mark Hancock – YYZ – August 16th 2025
August 17, 2025 at 3:07 PM
CUPE’s National President Mark Hancock – YYZ – August 16th 2025
A timely find on EBay - I spent a bunch of time with the Rand Report for CUPW (not the formula, but the report on strikes and lockouts).
August 17, 2025 at 7:23 PM
A timely find on EBay - I spent a bunch of time with the Rand Report for CUPW (not the formula, but the report on strikes and lockouts).
Solidarity to CUPE members as they defy the CIRBs order -- a good time to review this great Eric Tucker article about the importance of revitalizing "illegal" strikes as a mobilization tactic: digitalcommons.osgoode.yorku.ca/cllpj/vol45/...
August 17, 2025 at 6:36 PM
Solidarity to CUPE members as they defy the CIRBs order -- a good time to review this great Eric Tucker article about the importance of revitalizing "illegal" strikes as a mobilization tactic: digitalcommons.osgoode.yorku.ca/cllpj/vol45/...
Reposted by ryan white
"Air Canada has to learn not to call mommy and daddy every time they reach an impasse at the bargaining table. They have to actually sit down and get a deal done with their workers." - @stufts.bsky.social Solidarity with flight attendants! www.cbc.ca/news/canada/...
Air Canada flight attendants to defy back-to-work order, remain on strike: union | CBC News
Air Canada flight attendants will defy the back-to-work order and remain on strike after the federal government ordered binding arbitration to end the work stoppage, the Canadian Union of Public Emplo...
www.cbc.ca
August 17, 2025 at 5:09 PM
"Air Canada has to learn not to call mommy and daddy every time they reach an impasse at the bargaining table. They have to actually sit down and get a deal done with their workers." - @stufts.bsky.social Solidarity with flight attendants! www.cbc.ca/news/canada/...
Extra nice for me too because I got to go to the provincial archives to root around for some helpful materials on secondary pickets from the ‘50s and ‘60s
August 2, 2025 at 12:53 AM
Extra nice for me too because I got to go to the provincial archives to root around for some helpful materials on secondary pickets from the ‘50s and ‘60s
Overshadowed by the failed (forced) ratification vote (as it should) but a nice decision from the Court of Appeal yesterday holding that secondary picking should be treated like any other labour picket - in this case CUPW pickets at Purolator depots. coadecisions.ontariocourts.ca/coa/coa/en/i...
Purolator Inc. v. Canadian Union of Postal Workers - Court of Appeal for Ontario
coadecisions.ontariocourts.ca
August 2, 2025 at 12:50 AM
Overshadowed by the failed (forced) ratification vote (as it should) but a nice decision from the Court of Appeal yesterday holding that secondary picking should be treated like any other labour picket - in this case CUPW pickets at Purolator depots. coadecisions.ontariocourts.ca/coa/coa/en/i...
Reposted by ryan white
The utterly predictable result of the federal government’s ham-fisted attempt to force @cupwsttp.bsky.social members to accept Canada Post management’s supposed “final offer.” 1/
August 1, 2025 at 11:19 PM
The utterly predictable result of the federal government’s ham-fisted attempt to force @cupwsttp.bsky.social members to accept Canada Post management’s supposed “final offer.” 1/