The Canadian Union of Public Employees (CUPE), through its Airline Division representing approximately 20,000 flight attendants across Canada, is voicing strong concerns over the direction and credibility of the federal government’s ongoing investigation into unpaid work practices in the airline industry. As the probe transitions into its second phase, union leaders argue that the structure, methodology, and overall execution of the process risk undermining both its legitimacy and its potential to deliver meaningful change for workers.
At the center of CUPE’s critique is what it perceives as a growing imbalance in how the investigation is being conducted—one that appears to favor the interests and narratives of airline operators over those of frontline employees. Wesley Lesosky, President of CUPE’s Airline Division, has been particularly vocal, suggesting that the process lacks the neutrality expected of a government-led inquiry. According to Lesosky, the federal government has not done enough to ensure that the investigation is perceived as fair and independent, raising concerns that industry stakeholders may be exerting undue influence over its direction.
“The parameters of this process have been noticeably tilted towards the industry position,” Lesosky stated, emphasizing that the current approach risks eroding trust among workers who are directly affected by unpaid labor practices. He went further to suggest that the government’s handling of the investigation gives the impression that the airline industry itself is effectively steering the process, rather than being subject to impartial scrutiny.
The first phase of the federal probe concluded with a controversial recommendation: airlines were asked to conduct self-audits to assess their compliance with minimum wage laws. While the government encouraged the inclusion of union representatives in these audits, it stopped short of making such participation mandatory. CUPE argues that this decision significantly weakens the integrity of the process.
Drawing a comparison to self-policing in other contexts, Lesosky criticized the approach as inherently flawed. Asking airlines to evaluate their own wage practices, he argued, is akin to expecting drivers to self-report instances of speeding. Without independent oversight or mandatory worker representation, the likelihood of obtaining accurate and comprehensive findings is greatly diminished. This, in turn, could lead to results that fail to reflect the true scope of unpaid work within the industry.
Beyond concerns about self-auditing, CUPE has identified several additional shortcomings in the design of the audit process that it believes could compromise the reliability and usefulness of the findings. One of the most significant issues is the absence of a clear and consistent definition of what constitutes “hours of work” for flight attendants. Unlike many other professions, flight attendants often perform a wide range of duties that extend beyond the time spent in the air, including pre-flight preparations, boarding procedures, safety checks, and post-flight responsibilities.
Without a standardized definition, airlines may have considerable discretion in determining which of these duties are compensated and which are not. CUPE warns that this ambiguity creates a loophole that could allow unpaid work practices to persist, even in the context of an investigation specifically intended to address them.
Another major point of contention is the timeframe selected for the audits. According to CUPE, the audit period excludes some of the busiest and most operationally challenging times of the year, such as the Christmas holiday season and the March break. These periods are typically characterized by increased travel demand, frequent delays, and heightened operational disruptions—all of which can significantly increase the workload and unpaid labor burden on flight attendants.
By omitting these peak periods from the audit, the investigation risks overlooking the very conditions under which unpaid work is most prevalent. CUPE argues that a truly representative assessment must include data from these high-pressure intervals to capture the full extent of the issue.
The scope and scale of the audit samples have also come under scrutiny. CUPE points out that the current guidelines allow airlines with workforces numbering in the thousands to review only a very small subset of employee pay records. In some cases, airlines employing as many as 10,500 flight attendants may be required to audit as few as 40 individuals.
Such a limited sample size, the union contends, is insufficient to produce statistically meaningful or reliable conclusions. Without a broader and more representative dataset, the findings of the audits may fail to accurately reflect systemic issues, instead offering a potentially skewed or incomplete picture of wage compliance across the industry.
Compounding this issue is the lack of a requirement for random sampling. Under the current framework, airlines are permitted to select which employees’ records are included in the audit. CUPE argues that this approach opens the door to selective reporting, where companies may choose to highlight cases that are more likely to demonstrate compliance, while excluding those that reveal more serious violations.
This selective sampling undermines the credibility of the entire process, as it provides no assurance that the experiences of workers facing the most significant unpaid work challenges will be captured. For CUPE, the absence of randomization represents a critical flaw that must be addressed if the investigation is to yield trustworthy results.
Even in instances where violations are identified, CUPE believes that the proposed corrective measures fall short of what is needed to effect real change. The current framework suggests that employers found to be underpaying workers would be required to bring compensation up to minimum wage levels. However, the union argues that this remedy is inadequate, as it does not account for the negotiated wage rates that flight attendants are entitled to under collective agreements.
From CUPE’s perspective, addressing unpaid work requires more than simply ensuring compliance with minimum wage laws. It necessitates comprehensive legislative and regulatory reforms that guarantee all hours worked are compensated at the appropriate contractual rate. Anything less, the union argues, risks perpetuating a system in which workers are systematically underpaid for their labor.
Lesosky emphasized that flight attendants deserve full compensation for every hour they work, without exception. He stressed that the ongoing investigation represents a critical opportunity to confront and resolve a longstanding issue within the airline industry—one that has persisted despite years of advocacy and growing public awareness.
Rather than using the probe as a means to minimize or obscure the problem, CUPE is urging the federal government to treat it as a chance to implement meaningful reforms. This includes strengthening the audit process, ensuring independent oversight, mandating union participation, and adopting more rigorous and representative sampling methods.
In an effort to convey these concerns directly, CUPE’s Airline Division met with federal government representatives on April 1. During the meeting, union leaders outlined their objections to the current approach and called for immediate adjustments to the investigation’s framework. They emphasized the importance of incorporating the perspectives and experiences of flight attendants, rather than relying primarily on input from airline executives.
The union’s message to the government is clear: the success of the probe depends on its ability to deliver a fair, transparent, and comprehensive assessment of unpaid work practices. Without significant changes, CUPE warns, the investigation risks falling short of its objectives and failing the very workers it is meant to protect.
As the probe moves forward, the responsibility now lies with the federal government to respond to these concerns and take corrective action. For CUPE and the thousands of flight attendants it represents, the stakes are high. The outcome of this investigation could shape the future of labor standards in the airline industry, determining whether longstanding issues of unpaid work are finally addressed—or allowed to persist under the guise of regulatory compliance.
Ultimately, CUPE is calling for a process that is not only thorough and evidence-based, but also grounded in fairness and accountability. By ensuring that the investigation is guided by these principles, the government has an opportunity to restore confidence among workers and demonstrate its commitment to upholding labor rights in one of the country’s most complex and dynamic industries.
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