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Unions and Pay Protected in Airport Contract Swaps

Full Title: An Act to amend the Canada Labour Code (successor rights and obligations — airports)

Summary#

This bill changes the Canada Labour Code to extend “successor rights” at airports. When an airport authority or one of its service contractors replaces a contractor, the new employer must keep the existing union certification (official recognition) and the employees’ terms, rights, and privileges from the previous contractor (new CLC s.47.3(2.1)). It also clarifies that the successor‑rights section applies to airport authorities and their service providers (new CLC s.44(4)).

  • Requires a new contractor at an airport to recognize the existing union and keep the same pay, benefits, and workplace rights, until changed through bargaining (new CLC s.47.3(2.1)).
  • Applies to airport authorities and to providers of services to airport authorities (new CLC s.44(4)).
  • Takes effect on Royal Assent (standard rule when no date is set).
  • Does not change rules outside the airport context.

What it means for you#

  • Households and air travelers

    • Service at airports may be more stable during contractor changes, since experienced staff and current terms carry over (new CLC s.47.3(2.1)).
    • Airport or contractor costs could rise or stay the same; any impact on fares, fees, or prices is unknown. Data unavailable.
  • Workers employed by airport service contractors

    • If your employer loses an airport contract and a new contractor takes over, the new contractor must observe your union certification and your existing terms, rights, and privileges (pay, benefits, seniority, vacation, scheduling rules) (new CLC s.47.3(2.1)).
    • Your union remains certified for the bargaining unit under the new contractor (new CLC s.47.3(2.1)).
    • Effective on Royal Assent, unless changed later by collective bargaining or law. Data unavailable on timing of specific transitions.
  • Airport authorities and service contractors

    • If you succeed a previous contractor under a contract or other arrangement with an airport authority, you must observe the prior union certification and employees’ terms, rights, and privileges (new CLC s.47.3(2.1)).
    • The Code’s successor‑rights section explicitly applies to you (new CLC s.44(4)).
    • Bids for airport work cannot rely on immediate wage or benefit rollbacks from prior contracts; any changes would need to occur through bargaining with the certified union (new CLC s.47.3(2.1)).
  • Unions representing airport contractor employees

    • Certification continues across contractor changes at airports; you remain the bargaining agent with the new contractor (new CLC s.47.3(2.1)).
    • Existing terms, rights, and privileges must be observed by the successor employer until changed through lawful processes (new CLC s.47.3(2.1)).

Expenses#

  • Estimated net cost: Data unavailable.

  • Key points

    • No direct appropriations in the bill text.
    • No taxes, fees, or penalties created by the bill.
    • Possible administrative or adjudication costs are not quantified. Data unavailable.

Proponents' View#

  • Protects wages and benefits by stopping “contract flipping” from being used to cut labour standards when airport contracts change, because the new contractor must keep the prior union and terms (new CLC s.47.3(2.1)).
  • Maintains continuity of experienced staff and workplace rules during transitions, which proponents say supports reliable airport operations and safety; they point to the required carry‑over of rights and privileges (new CLC s.47.3(2.1)). Data unavailable on outcomes.
  • Promotes fairer competition on airport contracts by shifting bids toward productivity and quality instead of wage undercutting, since immediate rollbacks are barred (new CLC s.47.3(2.1)).
  • Targets a specific setting—airport authorities and their service providers—rather than imposing a broad, economy‑wide rule (new CLC s.44(4)).

Opponents' View#

  • Increases operating costs for airport authorities and contractors by limiting flexibility to reset pay and benefits at contract start; costs may be passed through to airlines, tenants, or travelers. Magnitude unknown. Data unavailable.
  • May discourage some firms from bidding on airport contracts, reducing competition, because they must accept existing union certification and terms (new CLC s.47.3(2.1)).
  • Creates legal uncertainty about the scope of “provider of services to an airport authority,” which could lead to disputes over who is covered and when obligations apply (new CLC s.44(4), s.47.3(2.1)).
  • Transition complexity risk: disagreements could arise about which employees, terms, or “rights and privileges” must carry over in specific contract changes, increasing litigation or delay. Data unavailable.

Timeline

Apr 20, 2023 • House

First reading

Labor and Employment