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

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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 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.
Analysis
new statute does not contain a purposive requirement
o any cessation persuant to a common understanding counts.
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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.

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