JS380 Lecture Notes - Lecture 8: Times Colonist, Solidarity Action

• School: University of Regina
• Department: Justice Studies
• Course: JS380
• Professor: Stefan Idziak

Document Summary

Lecture 8: the strike prohibition and sympathetic action. Because strikes only legal at very specific times, very rarely will sympathetic action be permitted. However purposive element removed from bc strike definition. Will give effect where consistent with the code. Not explicit in s. 70, but board has used s . 70 to give itself this power. Local 273, international longshoremen"s association et al. v. maritime employers" 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 been the intention of parliament that refusing to cross a line would be a strike. Under a purposive defintion of strike, this may hold since the purpose of the action would not be to compel their employers. New statute does not contain a purposive requirement: any cessation persuant to a common understanding counts.