WHEN IS A STRIKE OR LOCKOUT UNLAWFUL? A strike or lockout is unlawful, at any time, if there is no union, or where there is a union and the requirements of the Code in acquiring the right to lockout or strike have not been met.
Can I join strike if not in union?
Non-union members are allowed to strike alongside union members, says Crystal Boyde, an employment lawyer at Thrive Law. “As long as the industrial action is lawful, non-union members are allowed to go on strike and remain protected from dismissal,” she says.
Do Canadians have the right to strike?
In what is being hailed as a “game-changer” in Canadian labour relations, a majority of the Supreme Court of Canada held that the right to strike is constitutionally protected under the freedom of association in s. 2(d) of the Canadian Charter of Rights and Freedoms.
How do strikes work in Canada?
A Labour Board-supervised strike vote (unions) or lockout poll (employers) must be taken and a majority of those voting must agree to the strike or lockout. One party must serve the other (as well as the mediator) with 72 hours of notice before the strike or lockout commences.
Are public sector employees allowed to strike in Canada?
These rights allow workers to act together and improve the power imbalance between individual workers and their employer. In 2015, the Supreme Court of Canada affirmed that the Canadian Charter of Rights and Freedoms includes the right to strike.
Can an individual go on strike?
What is Industrial Action? A strike, go-slow, working to rule or walk-out are all forms of industrial action. If you are not a union member, you cannot go on strike.
Do I get paid if I go on strike?
Yes, we can expect employers to refuse to pay staff taking industrial action. The law makes it clear that employers can deduct pay when staff are on strike. However, where pay deductions are made these should at all times be reasonable.
Can you hit someone if they hit you Canada?
If someone hits you and you hit them back to stop the attack you are safe and can claim self defence. However, if you continue to hit that person well after they’ve stopped fighting you, it turns into assault.
Can you fight back in Canada?
Canadians have a right to defend their property or themselves as long as their defensive actions are reasonable under the circumstances. This means that if you injure an intruder entering your home or property, you would need to show that the circumstances gave you no other reasonable choice.
When did strikes become legal in Canada?
1872, c. 30; Criminal Law Amendment Act, S.C. 1872, c. 31.
How much is strike pay in Canada?
A member on strike can picket for as long as they want, but can only earn strike pay for up to a total of 20 hours per week.
7. How do I collect strike pay?
| Period of Strike | Strike pay |
|---|---|
| Weeks 8-11 | $17.50/hour |
| Weeks 12-15 | $18.75/hour |
| Weeks 16+ | $20.00/hour |
What is the longest strike in Canada?
At 143 days long it is the longest strike in the post-secondary sector in Canadian history, surpassing the previous record of the 1976 Laval University 108-day strike.
| 2018 York University strike | |
|---|---|
| Date | March 5, 2018 – July 25, 2018 (143 days) |
| Location | Toronto |
| Caused by | Contract expiry |
What makes a strike illegal?
A strike may be unlawful because an object, or purpose, of the strike is unlawful. A strike in support of a union unfair labor practice, or one that would cause an employer to commit an unfair labor practice, may be a strike for an unlawful object.
Can public servants go on strike?
Ms Makhasi said members of the PSA have the right to strike action, to the exclusion of those members rendering an essential or a maintenance service, whose disputes may be dealt with through compulsory arbitration in terms of section 74 (2) (5) of the Act.
What are the legal requirements for a strike or lockout in Ontario?
Before a legal strike or lock-out
- The collective agreement between the union and employer must be expired, or the union and the employer must be negotiating a first collective agreement.
- The union and employer must:
- The union must also hold a strike vote and the majority of the votes must be in favour of going on strike.
How long can you strike for?
You have twelve weeks to strike
Although you are exempt from dismissal when taking part in a union organised labour strike, this is limited to a specific time period. Andrew explained: “Industrial action is only protected for a twelve-week period, meaning that you are only safe from dismissal during this time.
Do I have to tell my employer I am going on strike?
You are under no obligation to inform your employer in advance as to whether you will be taking part in strike action.
Which employees are not allowed to strike?
In terms of Section 65(d)(1) of the Labour Relations Act, any person engaged in an essential service may not take part in a strike.
What jobs are not allowed to strike?
The NLRA doesn’t cover certain transportation workers, agricultural laborers, or public employees. Government employees — state, local, and federal — do not have a right to strike under the federal law.
Can I refuse to cross a picket line?
In no circumstances does a picket have power to require other people to stop, or to compel them to listen or to do what the picket asks them to do. A person who decides to cross a picket line must be allowed to do so. It is unlawful for a union to discipline a member for crossing a picket line.
How much is strike pay in Ontario?
Strike pay is provided to members who complete strike-related duties assigned by their Local Strike Committee. Only signed-up members are eligible to receive strike pay. During weeks one to three, each member is entitled to strike pay of $150 per week plus an additional $24 per week, per dependant.