PASS: What a Maintenance of Activities Means and Why It Matters

  

  

You have seen us reference the Maintenance of Activities application in recent bargaining updates. This message explains what it is, why Unifor filed it, and what it means for you.

  

  

WHAT IS MAINTENANCE OF ACTIVITIES

  
Maintenance of Activities is a legal process under the Canada Labour Code. It determines what duties must continue during a strike or lockout for safety and security reasons, and what duties workers can legally withdraw as part of job action.

It protects the right to strike and ensures workers have the ability to exert pressure on the employer during the bargaining process.

  

  

WHY UNIFOR FILED THE APPLICATION

  
When Unifor filed the Maintenance of Activities, PASS argued that all screening work is essential and that screening officers should never be allowed to strike.

Unifor strongly disagrees.

We filed to protect strike rights and to ensure that the Canada Industrial Relations Board, not the employer, decides what work is considered essential.

This process ensures fairness, clarity, and legal protection for workers.

  

  

WHY THIS APPLICATION MATTERS

  
Applications like this have been attempted before in screening, but none have ever been taken to a full hearing and final ruling.

Unifor is prepared to take this process to a final decision because once a ruling is issued, it will create a binding framework that benefits workers now and in every future round of bargaining.

It will prevent employers from declaring broad essential-service classifications to remove strike rights. It will permanently strengthen bargaining power for screening officers in Calgary and across CATSA contracts.

Other unions recognize how significant this is. The IAMAW screening officers at Vancouver Airport have applied for intervenor status in support. Intervenor status is when an outside party is interested in the process, but it not directly impacted. This strengthens our claim.

  

  

WHY IT STRENGTHENS WORKER POWER

  
When the CIRB issues its ruling, the employer will no longer have the ability to define essential work to support their position and try to undermine worker rights. Workers will have clear legal protections based on a Labour Board ruling, not employer opinion.

Any future job action will be lawful, organized, strategic, and backed by legal precedent. This removes uncertainty and employer control. It replaces it with enforceable leverage.

  

  

WHY THIS CANNOT BE REPLACED BY CAWU

  
If CAWU replaces Unifor before a ruling is issued, the application is automatically withdrawn. The work stops immediately and would need to be restarted from the beginning.

Restarting benefits the employer and weakens bargaining power.

CAWU would also struggle to sustain a legal challenge of this magnitude. This is a large-scale legal proceeding requiring expertise and financial resources.

Unifor has a national legal department with more than a dozen labour lawyers and the backing of 320,000 members.

CAWU relies on a single law firm under retainer.

  

  

WHAT HAPPENS NEXT

  
Unifor’s legal team is fully engaged and committed to seeing this decision through. This is about protecting leverage and building lasting bargaining power for screening officers, not just today, but in every future negotiation.

This is a strategic investment in your rights and in the future strength of your workplace.

  

  

  

  

25-11-19 PASS - What a Maintenance of Activities Means.txt