January 26, 2026
On January 22, 2026, the Canada Industrial Relations Board (CIRB) issued a decision addressing a duty of fair representation charge brought by an individual Air Canada Tech Ops member against the International Association of Machinists and Aerospace Workers (IAMAW). The Board’s unanimous decision found that the IAMAW had breached its duty to the Tech Ops group and ordered the IAMAW to publicize the decision as remedial relief.
At the heart of the dispute is an overtime rule promulgated by Air Canada in 2017 that prohibits employees from working more than six (6) consecutive days. Of course, for aircraft maintenance trades, on-duty periods of more than six days are a frequent occurrence and can be a significant source of overtime for employees. Air Canada’s policy has a disproportionate impact on Tech Ops employees and was first grieved in June 2017.
For the next seven (7) years, the IAMAW fundamentally misled its members on the status of the grievance. The union, at hearings conducted by the Board, represented that it had decided in 2019 not to proceed with the grievance and instead would attempt to address the issue through the bargaining process. The Board found that these explanations were demonstrably false as there was no communication from the IAMAW to its members explaining the change of strategy. Statements submitted by bargaining committee members confirmed that the IAMAW had not attempted to address the six-day work rule during subsequent rounds of bargaining in 2019 and 2022. As late as January 2024, the IAMAW was still telling Tech Ops employees that it would take the grievance to arbitration. It was not until May 2024 that the IAMAW finally informed its members that it had effectively dropped the grievance.
Rejecting the arguments of the IAMAW and focusing on the misleading nature of the union’s communications, the Board confirmed that the union had breached its obligations to its members. Relevant portions of the Board’s January 22, 2026, decision are copied below:
[78] There is no doubt in the Board’s mind that the union failed to adequately inform its membership of the status of the grievance and that, in doing so, it misled its membership.
[79] The main problem here is thus not the poor quality of the communications but, in fact, the carelessness and prolonged inaction on the union’s part in exercising its exclusive powers.
[81] By failing to inform its membership diligently and honestly about the status of the 6-day rule grievance and by misleading members about its decision not to advance the grievance to arbitration for such a long period, the Board finds that the union acted arbitrarily, as its conduct clearly demonstrates a non-caring attitude towards the interests of the [Tech Ops members]. This is also an abuse of its role as the exclusive bargaining agent. The Board cannot endorse such prolonged inaction and lack of integrity. If the Board were to accept the union’s position, this would in effect relieve the union from fulfilling its responsibilities toward its membership.
As a remedy for these violations, the Board has ordered the IAMAW to post the decision on the union’s website for a period of three (3) months. The Board concluded, however, that it could not force the union to proceed with the arbitration. This outcome highlights the realities of representation in a broad bargaining unit, e.g., the former TMOS Unit, where the distinct interests of skilled aircraft maintenance professionals are ignored to serve the majority. AMFA has identified this recent decision to the panel currently hearing the IAMAW’s request for reconsideration of the Board’s prior fragmentation decision.
Aircraft Maintenance Engineers and skilled trade groups require specialized representation consistent with their specialized training and skills. However, ALL members deserve honest, transparent communication from their union.
Sincerely,
Bret Oestreich
National President
