|
Strikes,
Lockouts
&
Picketing
When
a trade union
is unable to
negotiate a collective
agreement, they
sometimes choose
to strike an
employer. A strike
includes (1)
a cessation of
work, (2) a refusal
to work, or (3)
a refusal to
continue to work,
by two or more
employees for
the purpose of
compelling their
employer to agree
to terms or conditions
of employment.
Similarly,
employers may
choose to lockout
their workers.
A lockout
includes (1)
the closing of
a place of employment
by an employer,
(2) the suspension
of work by an
employer, or
(3) a refusal
by an employer
to continue to
employ employees
for the purpose
of compelling
employees to
agree to terms
of conditions
of employment.
Strikes
and lockouts
are often accompanied
by picketing
at the employer’s
place of business.
Questions:
Q:
When
can a union
go on strike?
A:
There are several
requirements
for unions to
hold a legal
strike. These
include:
- Any
collective
agreement
between
the union
and the
employer
must be
expired.
- The
parties
must enter
into collective
bargaining.
- The
parties
must work
with a government-
appointed
mediator.
- A
14-day cooling-off
period must
elapse following
mediation.
- A
Labour Board-supervised
strike vote
(unions)
or lockout
poll (employers)
must be
taken and
a majority
of those
voting must
agree to
the strike
or lockout.
- One
party must
serve the
other (as
well as
the mediator)
with 72
hours of
notice before
the strike
or lockout
commences.
More
information is
available in
the Information
Bulletin #17.
Top
Q:
Is
a striking
or locked-out
employee still
considered an
employee?
A:
Yes. Although
employees are
not working and
are not entitled
to pay, they
are still considered
employees and
cannot be terminated
simply because
of being on strike
or locked out.
When the strike
or lockout ends,
they are entitled
to be reinstated
in preference
to any employee
hired as a replacement
during the dispute.
An employee must
ask for this
reinstatement
as soon as the
strike or lockout
is over. This
reinstatement
provision does
not mean that
all employees
will be automatically
recalled as soon
as a strike or
lockout is over.
For example,
markets may be
lost causing
production to
be reduced.
Top
Q:
Do
my benefits
continue while
I am on strike
or locked out?
A:
Section 155 of
the Labour
Relations Code
protects pension
rights and benefits
during a strike
or lockout. There
is also protection
for medical,
dental, disability,
life and other
insurance schemes.
It is up to the
trade union representing
employees to
take steps to
ensure payment
of the full premiums
of the insurance
scheme it seeks
to protect during
the strike or
lockout.
Top
Q:
What
happens during
an illegal strike
or lockout?
A:
Strikes and lockouts
are prohibited
if they occur
before the steps
set out above
have been taken.
Any party alleging
an unlawful strike
or lockout can
ask the Board
to hold a hearing
on short notice.
If the strike
or lockout is
unlawful, the
Board will order
that it stop.
It may also make
other remedial
orders. A Board
order may be
filed by the
Board with the
Clerk of the
Court and is
then enforceable
as a judgment
of the court.
It is contempt
of court to knowingly
violate a court
order.
Top
Q:
We’re
locked out.
Can we picket
our employer?
A:
Picketing may
occur during
a lawful strike
or lockout. The
picketing is
restricted to
the employees’
place of employment.
Picketing must
be peaceful and
carried out without
trespassing or
other unlawful
acts. Violent
or unlawful acts
can involve legal
consequences
and may affect
the employees’
continued employment.
Picketing is
regulated by
the Labour Relations
Board.
Top
Have
a question
to add to
FAQ?
Can't find
the answer
to your
question?
Please take
a minute
and email
us.
Return
to FAQ Page
|
