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

TORONTO, Nov. 5, 2024 /CNW/ - 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."

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. (CNW Group/Unifor)

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.

SOURCE Unifor

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