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Lecture 8

lecture 8.docx

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Justice Studies
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Stefan Idziak

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Lecture 8: The Strike Prohibition and Sympathetic Action  because strikes only legal at very specific times, very rarely will sympathetic action be permitted.  but many times unoins would prefer not to cross each others' picket lines o failure to cross still usually counts as a strike o unless the local strike definition includes a purposive element  then, since the purpose of the strike activity is not to put pressure on the employer, the activity is not a strike  however purposive element removed from BC strike definition  BC is alone in allowing the negotiation of provisions that permit the parties to refuse to cross picketlines o not required by statute, but if the parties agree to it the labour board will give it effect o this is a highly valuable clause Hot Cargo/Hot Edict  these are clauses allowing the union to refuse to deal with products that are the product of a struck employer  these may escalate labour unreast and cause it to spread around the economy o everyone but BC outlaws them o but in BC, they are allowed under s. 70  the baord has the discretion to approve of hot cargo clause and line- crossing clauses  will give effect where consistent with the code  not explicit in s. 70, but board has used s .70 to give itself this power  In the Times Colonist case, the employer said that s. 2 subsumed this discretion o it gave the Board the Duty to protect the public interest, and to minimize the effect of the strike on third parties o but board maintained it did have that power o Board referred the case to arbitration, because this was an issue of interpreting the clause, and the arbitrator found in favor of the union. Local 273, International Longshoremen's Association et al. v. Maritime Employers' Association et al. [1979] SCC Facts  Union one had legal strike, and established picketlines at the entrance to the port.  Other unions refused to cross the picket line, so port operations were closed down.  Union says solidarity means it cannot have be
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