Canada Industrial Relations Board (CIRB) Decision
Re: A Requested Postponement Of A Direction Concerning The Right To Refuse Dangerous Work
Last week, the Canada Industrial Relations Board (the Board) issued an important decision impacting the health and safety rights of Mainline members.
At stake is the Company’s position that a crew member be considered “in operation” at all times when outside Canada if exercising their right to refuse dangerous work. This had been challenged for many years by your Union, since “in operation” status significantly impacts the work refusal process and rights of workers.
In December 2025, Transport Canada issued a direction identifying the Company’s position (as reflected in the Flight Attendant Manual) as inconsistent with the Canada Labour Code Part II. It required that the contravention cease and that measures be taken to ensure it doesn’t continue.
The Board’s decision last week dismissed Air Canada’s request for a stay (postponement) of that direction. Air Canada has been given 60 days to comply.
Should you wish to view the direction, it is posted on the health and safety board in all (Mainline) crew centres.
Should you wish to view the Board’s decision, click HERE.
It’s important to note that this decision only concerns the Company’s request for a temporary stay (postponement). Air Canada has appealed the direction itself, which is a separate process. The parties have submitted their briefs and are waiting for this to be heard by the Board.
The Union is also a participant in parallel proceedings on this issue at Rouge.