Chapter 6 - Strikes, Lockouts, and Picketing PDF

lOMoARcPSD|2779689 Unions Mana 479 Chapter 6 - Strikes, Lockouts, and Picketing Conditions to Strike/Lockout Conditions to Acquire the Right to Strike 1. The association has been certified to represent the BU. 2. The CBA has expired or can be legally re-opened. 3. 90 days have passed since the rece...

lOMoARcPSD|2779689 Unions Mana 479 Chapter 6 - Strikes, Lockouts, and Picketing Conditions to Strike/Lockout Conditions to Acquire the Right to Strike 1. The association has been certified to represent the BU. 2. The CBA has expired or can be legally re-opened. 3. 90 days have passed since the receipt of a notice to negotiate. 4. 48hrs have expired following the notice to the Minister of the declaration to strike/lockout. 5. The strike is authorized by a majority vote of members of the certified association comprised in the BU. *A strike is illegal in all circumstances for municipal or intermunicipal police and firemen. *A lockout is illegal if the right to strike has not be acquired. *A work slowdown is prohibited in all cases. Strike Vote Conditions § Vote must be exclusively on the issue of authorizing a strike § There must be a separate vote for each BU § Only members of the association in the BU can vote § Members must receive a notice of strike vote at least 48 hours prior ↳ If these conditions are not respected, the strike is not ‘illegal’, but there can still be penal sanctions. *Union statutes can provide stricter rules for strike votes. Effects of a Strike/Lockout Art. 110 Job Security Employer and employee obligation are suspended during a strike or lockout. § Employee jobs are preserved despite work stoppage. § Employees can still be terminated/sanctioned for reasons unrelated to the stoppage. § Employee can be terminated/sanctioned for illegal strike activities. Recourse Art. 110.1 Art. 15 If an employee is not recalled following a strike/lockout: § They have recourse to recover their job § They have priority over any other person to the job Dismissal for union activity will be treated as a grievance and must be filed by the union. In the case of illegal strike activities, an arbitrator can conclude that the sanction imposed on an employee was excessive and can order the employer to reduce or change the sanction. End of a Strike/Lockout Work stoppage ends w/ § The signing of a CBA which was approved by a secret ballot. § Referral of the dispute to an arbitrator. § Employee decision made collectively by the union. 19 Downloaded by Savannah Amber ([email protected]) lOMoARcPSD|2779689 Unions Mana 479 Picketing Picketing - A manifestation of “freedom of expression” which is not specifically regulated in the QLC Secondary Picketing - Picketing in other locations of the employer’s establishment is protected but w/ limits. Illegal Picketing Picketing cannot: § Make false claims or defamation § Obstruct the employer’s commercial activities § Violet property rights § Be held at the private residences of management Art. 423 of the Criminal Code prohibits illegal picketing that involves violence, threats, intimidation, obstruction of highways, etc. (up to 5 years prison term) Sanctions Illegal Strikes/Lockouts Art. 142 It is prohibited to declare or instigate an illegal strike/lockout § up to $50,000 for unions and employers § up to $10,000 for officers and directors § up to $100 for employees *Does not need proof of individual intent, only concerted action. Injunction § The alt can issue an injunction to end an illegal strike/lockout. § If the stoppage pertains to a CBA related dispute, a grievance arbitration is the appropriate recourse. § The Superior Court can issue an injunction if illegal picketing is involved. Civil Lawsuits Damages can be filed in the Superior/Quebec court if individuals are harmed by an illegal strike. (class action lawsuits are also possible) Essential Services (Art. 111.0.15 - 111.0.26) Minimum Services In the public and para-public sectors, minimum essential services must be maintained in the event of a strike. § As defined by the Minister of Labour § Negotiated by the employer and the union If no agreement is reached, the union must submit its proposal of essential services to the alt. § If the alt considers the proposed list to be insufficient, it can convene a hearing and make its own recommendations to the Minister of Labour. § Determination of what essential services must be maintained is made by the government, and implemented/detailed by the alt. 20 Downloaded by Savannah Amber ([email protected]) lOMoARcPSD|2779689 Unions Mana 479 Conditions A strike cannot be declared until: § An agreement on the minimum services has been reached. § A 7-day strike notice has been sent to the alt, the employer, and the Minister. The government can suspend the right to strike if the proposed services are insufficient. § A 48-hour notice must be given to suspend/delay an announced strike. Anti-Scab Law (Art. 109.1) For the duration of the strike/lockout, the employer is prohibited from using workers to replace employees/members of the bargaining unit. Prohibitions The employer cannot use the services of: a) Anyone hired between the day the negotiation stage began and the end of the strike/lockout. b) A contractor or employee of another employer in the striking establishment. c) Any employee who is a member of the striking BU unless agreed upon w/ the union. d) A striking employee to work in another one of the employer’s establishments. e) Any employee from another one of the employer’s establishments. f) A contractor or employee of another employer in another one of the employer’s establishments. g) An employee not in the striking BU but that works for the same establishment as the striking BU. ↳ Can result in penal sanctions for both the employer and the worker. *Does not require intent to be a violation. Exceptions The employer can use management employees who have been hired prior to the negotiation phase, to work and operate the business/production. Management can be: § From the striking establishment § From another one of the employer’s establishments (if the other establishment is also on strike) § Someone promotes to management during the negotiation phase. The employer can use contractors to do work outside the establishment as long as: § They don’t work within the striking establishment § It is not a partial sale of the business The employer can hire employees to avoid destruction or serious deterioration of the employer’s property. Chapter 7 - The Collective Agreement Content in the CBA § Any issues related to working conditions § Labour standard rules on physiological harassment § Charter of the French Language § Act respecting occupational health and safety Cannot be contrary to public order 21 Downloaded by Savannah Amber ([email protected])