Amid a global flight crew shortage, the union representing WestJet pilots has asked a judge to quash federal approval of temporary foreign workers in the cockpit.
In an application it said was filed Monday, the Air Line Pilots Association petitioned the Federal Court to declare invalid a government decision allowing temporary work permits at regional subsidiary WestJet Encore earlier this month.
The airline requested about 60 permits for pilots from India and South Africa under the temporary foreign workers program, according to the filing.
Tim Perry, who heads the union’s Canadian wing, said it was not consulted and that the move could erode “safety margins” and undercut wage gains.
“Airlines that do a good job with attraction and retention do not need to turn to temporary foreign workers,” Perry said in a phone interview.
“This application should never have been filed.”
He also argued the government drew “improper conclusions” about the need for flight crews from overseas, and said consideration of WestJet’s request should have included discussion with the union.
WestJet said it asked the government to assess whether temporary foreign workers are needed, a necessary step before hiring from abroad can take place.
The request was made via a so-called labour market impact assessment (LMIA), which also determines if “no Canadians or permanent residents are available to do the job,” according to the Immigration Department website.
“WestJet Encore has not yet hired any pilots through the LMIA process,” airline spokeswoman Julia Kaiser said in an email.
The temporary foreign worker program, which allows non-permanent residents to work in Canada for limited periods, employs hundreds of thousands of people across a wide range of industries.
The federal program saw worker volumes surge over the past decade and a half — particularly in low-wage sectors — though demand dropped in the second half of last year amid new restrictions and U.S. tariff concerns.
In their lawsuit, the WestJet pilots said the federal jobs minister approved a WestJet application for 60 temporary work permits on March 10.
Employment and Social Development Canada said in an email it does not disclose information on such cases to outside parties due to privacy concerns.
“The TFW program is designed to help Canadian employers hire foreign workers to fill temporary labour and skill shortages when qualified Canadians and permanent residents are not available,” department spokeswoman Liana Brault said.