Why were strikes banned

It should be noted that not all refusals to work are considered strikes and thus violations of no-strike provisions. A walkout because of conditions abnormally dangerous to health, such as a defective ventilation system in a spray-painting shop, has been held not to violate a no-strike provision. Same—Strikes at end of contract period. Section 8 d provides that when either party desires to terminate or change an existing contract, it must comply with certain conditions.

If these requirements are not met, a strike to terminate or change a contract is unlawful and participating strikers lose their status as employees of the employer engaged in the labor dispute. If the strike was caused by the unfair labor practice of the employer, however, the strikers are classified as unfair labor practice strikers and their status is not affected by failure to follow the required procedure.

Strikes unlawful because of misconduct of strikers. Strikers who engage in serious misconduct in the course of a strike may be refused reinstatement to their former jobs. This applies to both economic strikers and unfair labor practice strikers. Serious misconduct has been held to include, among other things, violence and threats of violence. The U. Examples of serious misconduct that could cause the employees involved to lose their right to reinstatement are:. Breadcrumb Home.

National Labor Relations Board. The following is one in a series of information circulars prepared by the administration staff of the CIRB. The circulars are designed to provide employees, trade unions and employers with general information and a clearer understanding of Board processes. This information circular is an informal tool and is not binding on the Board. The Canada Labour Code Part I—Industrial Relations recognizes that employees can lawfully engage in a strike against employers, and employers can lawfully lock out their employees in an effort to compel or persuade "the other side" to agree to terms and conditions of employment, provided they do so in accordance with the provisions of the Code.

The Code contains extensive provisions to assist parties to resolve collective bargaining disputes, including the appointment of conciliation officers, conciliation boards and commissioners, and special mediators of the Federal Mediation and Conciliation Service FMCS of Labour Canada. Their task is to assist employers and unions to reach agreements without recourse to "economic action. When a collective agreement has been concluded, it represents an agreement between the union and the employer on terms and conditions of employment and other matters, for a specified period of time.

The agreement is binding on the union, the employer, and every employee in the bargaining unit. The grievance procedure, as this process is usually known, must provide for binding arbitration by an outside third party. Since a grievance procedure is included in the collective agreement for resolving disputes, no strikes or lockouts can take place during the term of the agreement.

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. The Code recognizes the grievance arbitration process as the appropriate method for settling disputes that arise concerning the interpretation and application of provisions in a collective agreement sometimes called "rights" disputes , during the period the collective agreement is in effect.

Even though a strike or lockout is a legitimate collective bargaining tactic to put economic pressure on the other party to settle terms of a new collective agreement sometimes called an "interest" dispute , unions and employers are not allowed to begin a strike or lockout action before the dispute settlement mechanisms in the Code have been exhausted. The terms and conditions of a collective agreement continue to be in effect beyond its expiry date, right up to the time that the dispute settlement mechanisms under the Code have been exhausted, and 21 days have elapsed since the Minister of Labour has "released the parties.

What is regulated is when they can occur. For details, see sections 89 1 a to f of the Code. The Canada Industrial Relations Board interprets each situation on its own facts and circumstances, but A strike by employees who are attempting to obtain recognition of their collective bargaining rights by an employer rather than going through the certification process is unlawful.

A strike or lockout arising from frustration with the slowness of collective bargaining, a "sitdown," "study session" or other concerted work stoppage by some or all employees arising from a dispute in the work place such as contracting out, discipline of a shop steward is unlawful if it occurs before the right to strike or lockout has been acquired. The Board may also declare that an unlawful lockout occurs when an employer lays off or does not recall laid-off employees and, instead, transfers their work to another company controlled by the same employer, all for the purpose of forcing employees to accept new conditions of employment.

While the Code contains provisions that limit the right of employees to participate in a strike, there are no provisions concerning the location, duration and manner of picketing. The regulation of picketing activity is left to authorities in the province where the picketing occurs. The proper authority, such as a court or a labour board depending on the jurisdiction, may grant an injunction to restrain picketing, to limit such things as the number of pickets and their locations, but the Board has no authority to do so.

Compendium of court decisions. Compilation of decisions of the Committee on Freedom of Association. List of reports per year PDF. The occupational and economic interests which workers defend through the exercise of the right to strike do not only concern better working conditions or collective claims of an occupational nature, but also the seeking of solutions to economic and social policy questions and problems facing the undertaking which are of direct concern to the workers.

While purely political strikes do not fall within the scope of the principles of freedom of association, trade unions should be able to have recourse to protest strikes, in particular where aimed at criticizing a governments economic and social policies.