The Canadian Air Navigation Specialists Association (CANSA) at Unifor Local 1016 is preparing to file a grievance against NAV Canada after the company announced plans to transfer a portion of its members’ training work to an outside contractor, CAE, according to CANSA President Jim Walker.
The decision, revealed to CANSA outside of formal bargaining sessions, has raised concerns within the union over what it views as a violation of the Canada Labour Code, which prohibits employers from altering employment terms while bargaining is ongoing. Walker asserted that the decision to contract out training work violates both the Code and CANSA’s collective agreement. “Our members’ rights come first and foremost,” he said, adding, “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.”
Bargaining between NAV Canada and CANSA began in May 2023, yet CANSA claims that NAV Canada did not disclose its contracting plans at the time. The union learned of the potential outsourcing during a briefing from ATS Learning, a separate organization, but NAV Canada’s intentions were not clarified in formal negotiations, CANSA stated. Walker noted that the company had signed agreements with other unions, such as CATCA and ATSAC, permitting the use of CAE for similar initial training work, while CANSA sought to establish boundaries on contracting out during bargaining.
NAV Canada has since asked CANSA members to assist in transitioning their responsibilities to CAE, but CANSA has directed its members not to comply. Although members have withheld their participation in the transfer, CANSA says some training materials and data have already been transferred by management.
CANSA maintains that NAV Canada’s actions contravene section 50(b) of the Canada Labour Code, which states that employers cannot change employment terms during bargaining without union consent. CANSA views the outsourcing as an attempt to “skirt anti-scab laws,” Walker said, adding, “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.”
Despite the ongoing dispute, CANSA stated it remains open to bargaining with NAV Canada to reach a fair agreement.