SOME FREQUENTLY ASKED QUESTIONS:

What is a strike?

Most of us are familiar with the picket lines normally associated with labour disputes. However, there is a much broader view taken in the eyes of the law which defines a strike as: "…a cessation of work, a refusal to work or to continue to work by employees in combination or concert or in accordance with a common understanding, or a slow down or other concerted activity on the part of employees designed to restrict or limit output." This action is intended to compel the employer to agree to improved terms and conditions of employment.

Similarly, a lock-out an action taken by an employer during a labour dispute that denies employees access to the workplace and is aimed at pressuring the Union and its members into settling on the employer's terms.

It is important to recognize that more than 95% of the collective agreements negotiated by Local 636 are settled without such actions taking place.

Can the employer take disciplinary action against employees engaged in strike action?

So long as employees conduct themselves in a peaceful and orderly fashion, the employer cannot take any action against anyone who is participating in or supporting legal strike activity. However, those who engage in illegal strikes an/or unlawful activities may be subject to discipline and/or criminal charges.

Will the Union make us go on strike?

No. In the same way that employees vote on whether they will accept a collective agreement, they also are given an opportunity to vote on whether they are prepared to take strike action. Recent amendments to the Labour Relations Act require secret ballot vote that give persons a choice between authorizing the calling of a strike and not authorizing the calling of a strike. This has always been the practice of Local 636.

The law states that such votes must be taken 30 days or less before the collective agreement expires or at any time after it expires and more than 50% of those voting support the motion. However, in order for a strike to be effective, at least 2/3 of the membership should be in favour of taking such action.

Will I receive 'Strike Pay'?

No. While there have been several attempts in the past to establish a strike fund, the membership has not supported such proposals. However, if the employer agrees, Local Union 636 will cover the premium costs necessary to ensure continued health care benefit coverage during the strike.

How long will the strike last?

There is no prescribed limit on the duration of a strike or lock-out. However, experience has shown that if the parties are unable to settle their differences within the first few days of a labour dispute, most will continue for at least one or two pay periods.

When can employees go on strike?

A strike (or lock - out) is legal beginning on the 17th day after the Minister of Labour mails a 'no board' notice to the parties unable to reach mutually acceptable terms at the bargaining table. Any action taken by either side prior to this date is deemed unlawful and those who promote and/or participate in such activities may be subject to individual and/or collective penalties that include fines and jail time.

What is a 'no board notice'?

Conciliation is a mandatory step in the collective bargaining process where an appointed officer of the Ministry of Labour meets with the negotiating committees representing both the Union and management in an attempt to resolve the difference outstanding between them. The law requires that services be called upon prior to any legal labour dispute. The officer has no binding authority over the parties and unlike an arbitrator cannot impose terms of settlement.

Should the Conciliation process not result in an agreement between the parties, the officer informs the Minister of Labour who is vested with the authority to appoint a conciliation board. However, this rarely happens. Instead, the Minister will advise the union and the employer that he/she does not consider it advisable to appoint a board. This notice has come to be known as the 'no board'.

Will we have to strike if talks break down at Conciliation?

No, the decision as to when or if to take strike action will be determined by the Union and our members. The parties may agree to several meetings with the Conciliation officer before requesting a no board notice. Even then, the parties can request that a Mediator be appointed to confer with them and attempt to effect a collective agreement. Although Mediation is voluntary, the last-minute negotiations that precede a potential labour dispute often prompt the parties to revisit their previous positions.

Can the employer request a vote by employee on their 'final offer'?

In truth, the only real final offer is the one that the parties agree upon. Nevertheless, at any time before or after the commencement of a strike or lock-out, the employer may request that the Minister of Labour direct a vote of those in the affected bargaining unit as to their acceptance or rejection of the employer's final offer on all matters remaining in dispute. Upon such application, the minister will be obliged to order that such a vote be conducted.

Additionally, when the Minister is of the opinion that it is in the public interest that employees in the affected bargaining unit be given the opportunity to accept or reject the offer of the employer last received by the Union; the Minister may, on terms that they deem appropriate, direct that such a vote be held.

Grievances are often referred to arbitration, are similar options available when an impasse is reached during collective bargaining?

Yes. The law does provide a mechanism to renew or establish a new collective agreement. This is called Interest Arbitration. For those not afforded the right to strike, this is the only means of settling unresolved bargaining issues. For all others, participation in such a process is voluntary. If the parties agree to refer their differences to an Arbitrator or a Board of Arbitration, neither the Union nor the employer can change their mind and engage in a strike or lock-out.

Arbitration is a quasi-judicial process in which an independent third party hears the submissions of both parties and in a fashion similar to a judge or court making a final and binding decision resolving all matters in dispute.

There is great uncertainty associated with the Arbitration system. Either party runs the risk of being forced to accept the position of the other. Alternatively, the Arbitrator may render an award that neither party likes. In the end, the parties to the agreement must live and abide by its terms and that it why most prefer to come to terms that both can accept. For this reason, Arbitration is seldom viewed as a viable option for those not required to participate in such a process.

There are other Unionized employees at my workplace - will they honour our picket line?

Whenever there is more than one Union representing workers in the same workplace, the issue of honouring the picket line often becomes a contentious one. We would certainly hope that those employees in another bargaining unit are sympathetic and supportive of our cause. At the same time, we must appreciate that those employees are bound by a collective agreement that requires them to report for work. Failure to do so could result in discipline - up to and including termination. Therefore, those on strike are encouraged to communicate with their sisters and brothers in the workplace to develop an action plan that meets their mutual needs.

Can the employer use replacement workers to do my job?

Yes. Under current Ontario law, employers are afforded the right to continue their operations during a labour dispute. This includes hiring replacement workers to assist management personnel. In those areas where such tactics have been considered, the labour movement has stood together in solidarity to ensure that these efforts failed. We will continue to stand united with our sister Unions to protect the jobs of our members.

Recently, I read about an injunction being issued against striking workers and their Union - can that happen to us?

In cases where labour disputes have become violent and behaviour has reached intolerable levels, the courts may issue an injunction that prohibits picketing altogether - but they are reluctant to do so. A more common practice is to issue an order/ injunction that picketers cease and desist from all acts of violence, intimidation and/or obstruction and limit the number of persons permitted to picket and the sites where picket lines can be established during the dispute. Anyone who fails to comply with the terms of the injunction will be subject to prosecution under the law.