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JS380 (30)
Lecture 9

lecture 9.docx

4 Pages
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Department
Justice Studies
Course Code
JS380
Professor
Stefan Idziak

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Lecture 9 Legal Prohibition of Strikes and Other Economic Sanctions The Peace Obligation Strikes not only means of pressure tacticso rotating strikes go slows worktorule etc all aimed at restrictingdisrupting work Lockout is the counterporto usually not first line of attack usually employer will wait out union and impose new terms unilaterally whcih it can do in certain situationso so lock outs used to disrupt union tactics force stoppage at the employers discretionProhibition of Strikes Strikes historically used by unions to resolve practically any disagreemet since barring legislation this was the only tool avaliable Wagner act limited the use of strikes to disputes over the negotiation of the collective agreemento can no longer strike to force recognition or engage in bargaining or even to enforce a certain interpretation of the collective agreement In BC Manitoba and Federal arena legilsation does allow a strike during the lifetime of the bargaino where tehcnological change occurs that will change the working condiitons a new duty to bargain arises with an attendant right to strikeLegislation requires that parties negotiate before entering a strikeo in most jurisdictions disuptes must be summited to mediateion or concilliation before a strike can begin So whether a strike can occur is subject to a lot of regulationDefinition of Strikestrikes are defned broadly basically all acts done in common that restrict production o Alberta Manitoba Nova Scotia requrie that the job action be for the purposes of compellign the employer to agree to terms of employment o BC no longer has this condition of course illegal acts are not strikes and you cannot take actions totally disconnected with your worko ie sabotageStrikes under the BC Labour Code Once the collective agreement has expired you are in a legal strike positiono must bargain in good faith to the point of impasse meaning you must engage in a full and complete process of collective bargaining Strike voteo union wants this anyways since its important to have a united fromnt and dont want people breaking the picketlineo file notice of strike vote then wait 72 hours before you go on strike last chance to amke agreement
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