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Lecture 9

lecture 9.docx


Department
Justice Studies
Course Code
JS380
Professor
Stefan Idziak
Lecture
9

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Lecture 9: Legal Prohibition of Strikes and Other Economic Sanctions: The Peace
Obligation
Strikes not only means of pressure tactics
o rotating strikes, go slows, work-to-rule etc, all aimed at restricting/disrupting
work
Lockout is the counterport
o usually not first line of attack; usually employer will wait out union and
impose new terms unilaterally, whcih it can do in certain situations
o so lock outs used to disrupt union tactics
force stoppage at the employer's discretion
Prohibition 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 agreement
o 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 bargain
o where tehcnological change occurs that will change the working condiitons, a
new duty to bargain arises with an attendant right to strike.
Legislation requires that parties negotiate before entering a strike
o 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 regulation
Definition of "Strike"
strikes 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 work
o ie. sabotage
Strikes under the BC Labour Code
Once the collective agreement has expired, you are in a legal strike position
o must bargain in good faith to the point of impasse, meaning you must engage
in a full and complete process of collective bargaining
Strike vote
o union wants this anyways, since its important to have a united fromnt and
don't want people breaking the picketline
o file notice of strike vote, then wait 72 hours before you go on strike
last chance to amke agreement
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