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4bc3 - coll barg

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McMaster University
Philip Rose

Reading 2 Strikes LockoutsDispute ResolutionThe Significance of StrikesLockoutsover 90 of Cndn agreements are negotiated wout a work stoppagein the aftermath of a strike of lockout firma may lose customers market share or be forced to shut ownthey may lead to lasting bitterness bw unionsmngtboth in Cndin other countries a number of creative joint problemsolving mechanisms have been introduced in the wake of strikes StrikesLockouts Definedworktorule collective refusal to perform duties not explicitly included in job descriptions or dogmatically following all rules to the letter thus effecting a slowdownNOT a strikestrike the action must constitute a refusal to work or cessation of work must be by emplmust be in combination w a common understandingCndn LR acts state that a slowdown or other activity designed to limit output is a strikeThe purpose of a col Refusal to work is to pressure employers to accept proposed termsconditions of employmentLockout when the employer suspended operations for the purpose of pressuring empl to agree to termsconditions of employmentWhen is a Strike or Lockout Legalthe most important element of this in Cnd is timelinessany strike that is untimely is ILLEGAL strikes are NOT permitted during the term of a coll agreement in many jurisdictions one of the parties must provide notification to the Minister of Labour or the LRB that theyre failed to reach a settlementconciliation a process sometimes compulsory during which a conciliation officer or a tripartite conciliation board attempts to assist the parties to resolve their bargaining impasseavoid a strike or lockoutwhen conciliation is req an officer discusses to the parties in attempt to an agreementif that fails the officer reports to the LRB no board reporta strike countdownmediation a disputeresolution process similar to conciliation although mediation is more often voluntary tends to be more interventionistmay be used in either interest or rights disputes Strike Restrictions in the PS3 policy options 1 Denying the right to strikearbitration is used 2 Permitting the right to strikelets them det Which if any services will be provided 3 Limiting the right to strike through some process of designation of essential services considers essential servicesdesignates a portion of staff to themFirefighters in Cnd mostly are denied the right to strike or subject to a designation model
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