Finlay Adamson is a student at Harvard Law School.
In today’s news and commentary, the Canadian government ends a national flight attendants’ strike, and Illinois enacts laws preserving federal worker protections.
10,000 Air Canada flight attendants went on strike early Saturday morning after contract negotiations with the airline stalled. Just 12 hours after the strike began, Canada’s Minister of Jobs and Families Patty Hajdu ended the strike by imposing binding arbitration on the parties. The flight attendants, represented by the Canadian Union of Public Employees, are in the process of negotiating a 10-year contract with Air Canada. A particular issue of contention is the mandatory unpaid labor that flight attendants are required to perform before and after flights, despite only being paid between take-off and landing. While the Canadian government quickly intervened to force the flight attendants back to work, the strike forced Air Canada to cancel over 700 flights and will affect the travel plans of over 130,000 passengers; full services will not resume until the Canada Industrial Relations Board issues a back-to-work order. The Canadian government has the authority to force workers in federally-regulated industries such as airlines and railroads into binding arbitration, pursuant to Section 107 of the Canadian Labor Code. While governments rarely invoked Section 107 until last year, federal Labor Ministers have increasingly relied on the section to break strikes among airline, railway, and port workers. These ministers have all been part of the nominally pro-labor Liberal Party. Minister Hajdu intervened in the strike with unusual speed, as mandatory arbitrations are “normally used to end long and disruptive walkouts, and arbitrators typically do not introduce major changes… in (the) contracts they impose.”
Illinois Governor JB Pritzker signed two bills into law on Thursday that will preserve worker protections and raise wages in response to the Trump Administration’s weakening of OSHA standards. The Illinois Workers’ Rights and Safety Act will preserve federal worker protections set forth under OSHA and the Fair Labor Standards Act, even if the protections are removed at the federal level. In the event that a federal occupational safety standard is repealed, the Illinois Department of Labor will be required to create an equivalent state standard. Governor Pritzker also signed into law an amendment to the Prevailing Wage Act requiring federal construction projects administered by state and local governments to pay workers the Illinois prevailing wage, if that wage is higher than the federal rate. These acts are part of a growing trend among state lawmakers in Democratic states attempting to preserve federal labor and employment protections during the Trump Administration; as I covered earlier this summer, lawmakers in California, Massachusetts, and New York are considering bills expanding the jurisdiction of their respective state labor agencies in the event the NLRB stops functioning or the NLRA is declared unconstitutional.
Daily News & Commentary
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September 25
Healthcare workers rally to restore legal status for TPS holders; nurses at a Maine hospital overwhelmingly vote to form their union despite alleged aggressive union busting tactics.
September 24
NLRB abandons rule for offensive conduct during protected activity; New York home care workers seek a union election; maritime deck officers endure long fight for first contracts.
September 23
DoorDash settles delivery-worker pay claims; Philadelphia school workers win new contract; stock gains spur retirements.
September 22
Judge blocks ICE raids in Alabama; Chicago hotel workers vote to strike; AutoZone workers look to create first union
September 21
In today’s News and Commentary, the Seventh Circuit raises the bar for the NLRB to obtain preliminary injunctions, the California Primary Care Association sues SEIU-UHW for racketeering, and the Seventh Circuit finds that an employer group and think tank do not have standing to challenge an Illinois law banning captive audience meetings. On Friday, the […]
September 20
Culinary Workers Union members protests union leadership; lawsuit against OpenAI and Microsoft reveal internal concerns about the threat of AI training to human labor.