JS380 Lecture Notes - Air Line Pilots Association, International, Eastern Provincial Airways, Canada Labour Code

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Someone who is on strike is not held to have been fired. Some provinces allow replacement workers, though no provinces allow the use of professional strikebreakers. In ontario, may hire permanent replacement workers after 6 months. Reasons to allow temporary replacements: parallels rights of union members to get outside work, preserves teh business, avoids knock on effect on other business, exposes the true market value of the labour in quesiton. Reasons against: avoiding violence, allowing new hires upsets balance of power in favor of employer, v. cpr [the royal york case] (1962) ont. Appeal of a prvicial court dismissal of an unfair labour practice charge: hotel sent out letters that required employees to either accept new terms or resign, and if they didn"t, they would be fired. Lra said that no one can be deemed to have quit or been fired simply as a result of not working during a strike or lockout.

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