Definition of a Strike (pdf 11k)
Ontario Labour Relations Act
S 1
(1) Definitions: "strike" includes 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.
Under Crown Employees Collective Bargaining Act a lawful strike is defined as:
S 28
(1) The following conditions must exist for a strike by employees in a designated bargaining unit to be lawful:
- The strike must otherwise be lawful.
- A strike by employees in every other designated bargaining unit that is represented by a bargaining agent must be lawful.
- Employees in each of those designated bargaining units must begin to strike
simultaneously.
(2) Does not include employees in a designated bargaining unit for which an agreement
has been settled.
If a strike, as defined, occurs prior to a `no board' and when the union is not in a legal strike position, the union can be charged with an illegal strike.
Illegal strikes are determined by rulings at the OLRB and include several key points:
- Employer makes immediate application to the Board for `a cease and desist order' injunction and asks that the Board use its full remedial powers.
- Employees who participate in an illegal strike are subject to discipline up to and including discharge
- Court injunction if the Board orders are disobeyed
- Fines and jail sentences if found in contempt of court for Breach of orders.
- Employer may also sue for damages individually and to the union (in past, have cost other unions millions of dollars)
- Union activists (as recognized leaders) can be sued and court finds that they should receive disproportionate penalties because of their leadership role. Leadership will be held accountable.
Strike Policy  ( 252k )
ESSENTIAL SERVICES . . . .
Essential Service Top 10 Guidelines of Delivery ( pdf 10k )
Article 9 - VDT ( pdf 17k )
FORMS . . . .
Weekly Strike Duty Performance & Payment Register ( pdf 80k )
Weekly Administration Expense Record ( pdf 40k )
OPSEU Strike Register ( pdf 57k )
OPSEU Members Personal Information Form (MPIF) ( pdf 59k )
Application For A Strike Administration Advance ( pdf 39k )
Final Account Of Strike Fund ( pdf 23k )
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