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    21 Labour Law Strikes & Lockouts

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    Rajveer Kaur
    This document provides an overview of labour law concepts related to strikes, lockouts, and picketing. It discusses interest disputes that can lead to strikes by employees or lockouts by employers. It outlines rules around replacement workers during strikes and requirements that must be met before a strike or lockout can begin legally, such as notice and bargaining. The document also discusses the purpose and rules regarding picketing as well as restrictions on strikes for public sector and essential service employees.

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    © All Rights Reserved
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    21 Labour Law Strikes & Lockouts

    Uploaded by

    Rajveer Kaur
    37 views3 pages
    This document provides an overview of labour law concepts related to strikes, lockouts, and picketing. It discusses interest disputes that can lead to strikes by employees or lockouts by employers. It outlines rules around replacement workers during strikes and requirements that must be met before a strike or lockout can begin legally, such as notice and bargaining. The document also discusses the purpose and rules regarding picketing as well as restrictions on strikes for public sector and essential service employees.

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    This document provides an overview of labour law concepts related to strikes, lockouts, and picketing. It discusses interest disputes that can lead to strikes by employees or lockouts by employers. It outlines rules around replacement workers during strikes and requirements that must be met before a strike or lockout can begin legally, such as notice and bargaining. The document also discusses the purpose and rules regarding picketing as well as restrictions on strikes for public sector and essential service employees.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    37 views3 pages

    21 Labour Law Strikes & Lockouts

    Uploaded by

    Rajveer Kaur
    This document provides an overview of labour law concepts related to strikes, lockouts, and picketing. It discusses interest disputes that can lead to strikes by employees or lockouts by employers. It outlines rules around replacement workers during strikes and requirements that must be met before a strike or lockout can begin legally, such as notice and bargaining. The document also discusses the purpose and rules regarding picketing as well as restrictions on strikes for public sector and essential service employees.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    11/2/2020

    Labour Law:
    Strikes &
    Lockouts
    BUS 483
    INTRODUCTION TO EMPLOYMENT LAW

    When bargaining, each side proposes the


    interests they want included in the agreement
    (interest bargaining).
    If an impasse is reached in the negotiation
    Interest process, it is referred to as an interest dispute.
    Disputes If there is no resolution of the interest dispute,
    the employees may go on strike.
    Strike is a withdrawal of services (refusal to
    come to work, or a slowdown or refusal) to do
    certain types of work. Strikes are only
    permissible during an interest dispute.
    Union picketing is only permissible during a
    lawful strike.

    Employers are prohibited from using newly hired


    employees to replace employees who are
    engaged in a legal strike or who are locked out.
    An employer can use employee that are not
    members of the bargaining unit in that
    operation.
    Replacement
    Management staff cannot be transferred or
    Workers used from other operations or facilities of the
    employer.
    Any person who is not in the bargaining unit at
    the operation has the right to refuse to do work
    of bargaining unit members during a strike or
    lockout.
    To protect this right, employers are not allowed
    to penalize or discipline employees who refuse
    to do such work.

    1
    11/2/2020

    On the part of the employer, if there is no


    resolution of the interest dispute, the
    employer may choose to lockout the
    employees.
    Lockouts A lockout is an action undertaken by the
    employer whereby the employer refuses to
    let the employee work.
    A strike or lockout can only take place in
    an interest dispute during the negotiation
    process for a collective agreement.
    Once a collective agreement is in place
    any disputes have to be handled by
    arbitration (rights disputes).

    Requirements before a strike or a lockout may


    lawfully begin:
    1) The union and employer must first have
    engaged in collective bargaining and
    Requirements discussed the major issues in dispute;
    2) A vote must have been held to determine
    for Strikes & if the majority of employees who vote
    Lockouts favour a strike,
    3) Strike or lockout notice of 72 hours must
    have been given to both the opposing
    party and to the Board;
    4) If a mediation officer has been
    appointed by the Board, a strike or
    lockout may not commence until 48
    hours after the appointment is over

    Picketing involves strikers standing near or


    marching around a place of business trying to
    persuade people to refrain from doing business
    there. Only information can be conveyed.
    Picketing Intimidation or physical violence constitute
    assault and are prohibited under the legislation.
    Picketing must be peaceful and not in violation
    of private property. Courts or boards may limit
    the number of picketers where they become
    intimidating.
    People have a perfect right to cross a picket line
    if they so wish. A picket line is merely a method
    of persuading people to support the union's
    cause.

    2
    11/2/2020

    Most provinces permit collective bargaining


    to some extent for employees in the public
    sector or that provide essential services.

    Public-sector and However, only a few allow such employees to


    participate in strikes and picketing, the
    essential service others substituting some form of compulsory
    employees arbitration of disputes.
    Of course, in all labour disputes, including
    private ones, the government retains the
    right, either by existing statute, or by the
    passage of a specific bill, to impose a
    settlement, or an alternative method of
    resolving the dispute, such as compulsory
    arbitration.

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