As conversations continue around pay equity at WestJet, it is important to clearly understand the difference between having a certified union representing you and relying on a non-union employee association. 

Pay equity is not simply a consultation exercise. It is a legal right grounded in federal legislation, and how that right is enforced depends heavily on who is at the table and how they are prepared to act. 

This Was Won Through Struggle 

It is also important to recognize how we got here. 

Pay equity did not emerge on its own. It was fought for over decades by the labour movement, led in large part by women trade unionists who pushed governments to recognize pay equity as a fundamental right. Unions like Unifor have been at the forefront of that work, advocating, bargaining, and litigating to ensure that federally regulated workplaces are now legally required to establish and maintain pay equity plans. 

This fact is important because it reflects what it takes to actually secure and enforce these rights. 

Unifor Stood Up When It Mattered 

At WestJet, Unifor and other certified bargaining agents (unions) did not simply accept the employer’s approach. When the company attempted to impose non-disclosure agreements as part of the pay equity process, the unions refused. We challenged the process, filed a complaint with the Pay Equity Commission, and after a lengthy process, secured a favourable decision, including findings of bad faith against the employer. That matter is now before the Canadian Human Rights Tribunal, where we continue to defend workers’ rights. 

In addition, when the employer attempted to exclude Unifor’s local 531 former President, Karen Berry, from participating on the Pay Equity Committee on the basis that she had been involved in collective bargaining, that exclusion was challenged. The federal Pay Equity authorities confirmed that the employer could not exclude union representatives on that basis. Furthermore, it has been determined that the employer cannot determine who represents the Union on the Pay Equity Committee.  

This is what union representation looks like. It means having the ability to say no. It means having the legal standing to challenge the employer. It means being prepared to take a fight as far as necessary to protect workers. 

Why Non-Union Structures Fall Short 

By contrast, non-union groups such as the AEA, CCEA and TAPS are not certified bargaining agents under the law. They do not have the same legal authority, protections, or obligations. When faced with the same pressures, they moved forward within the employer’s framework, including agreeing to conditions such as non-disclosure requirements that unions challenged. 

That is not a criticism of individuals. It is a reflection of structure. When an organization exists at the discretion of the employer and without independent legal standing, its ability to oppose employer direction is limited. 

What This Means for Workers 

Pay equity requires transparency, accountability, and enforcement. Without those elements, the process risks becoming controlled by the employer rather than driven by the rights of workers. 

Unifor’s role is clear. We stand independently. We challenge when necessary. And we use every available legal avenue to ensure that pay equity is not just discussed, but delivered. 

Billy O'Neill
Unifor National Representative, Organizing
416.605.1443
billy.oneill@unifor.org

Lucy Alessio
Unifor National Coordinator, Organizing
416.998.3189
lucy.alessio@unifor.org