Legal Strikes and Illegal Strikes Under Labor Law

Q1. Legal strikes and illegal strikes are dramatically different in terms of how they are viewed in Labour Law. Discuss. (5 marks) Section 1 (1) of the Labour Relations Act, 1995 defines “a strike as a cessation of work, a refusal to work or to continue to work by employees in combination or in 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”. According to the “Labour Relations Act, 1995” the strikes are legal only if some preconditions are met such as the collective agreement must have expired, a strike vote must have been held and 50% of the members are in favour of the strike, and a conciliation officer must have been appointed. All the employees covered under Labour Relations Act, 1995 are not lawfully permitted to strike e.g. hospitals, and nursing homes and Toronto Transit Commission do not have the right to strike. Some departments like fire fighters and police are not subject to the above-discussed law and have their own legislations. If a union is not adhering the law the strike can be charged as illegal and the participants are subject to discipline. The employer can request the board for cease immediately and if the orders are disobeyed, court injunction can occur. The breech of court orders can result in fines and jail sentences and employers can also sue the individuals or unions for the damages. The union leaders can be charged and held responsible for the consequences of the strike. Considering the differences of legal and illegal strike, as defined above by law, it can be argued that legal strikes and illegal strikes are dramatically different in terms of how they are viewed in Labour Law.

Question 2: How should Bob begin to address this situation? (5 marks) Bob Graham a newly appointed Labour Relation Manager has been directed by the management to get rid of the chief union steward Peter who is known for absenteeism (missed

References: http://www.bls.gov/ooh/installation-maintenance-and-repair/industrial-machinery-mechanics-and-maintenance-workers.htm#tab-6 -------------------------------------------- [ 1 ]. http://www.labour.gov.on.ca/english/lr/faqs/lr_faq3.php#what1