Labour Action FAQs
Many wonders arise when an employee group engages in collective bargaining. The following are frequent questions regarding the bargaining process and frameworks for labour action.
What is the provincial framework for negotiations?
As per the Public Sector Employers Act (PSEA), bargaining directives (monetary items and compensation) are issued to all public sector employers negotiating contracts with unionized staff, and we cannot operate outside of these parameters. Bargaining directives were implemented in Alberta, through the Provincial Bargaining Compensation Office (PBCO) in December 2019 following the passage of the PSEA. As such, School Divisions and other government entities are required to use the directives to inform and guide negotiations.
What is job action?
The term job action can be defined as an action taken by employees or the employer to inconvenience, pressure, or attempt to force the granting of certain demands between the parties as a result of the collective bargaining process. Job action can occur when bargaining unit employees choose to strike, or when the employer chooses to lockout bargaining unit employees. Other terms used to describe job action include ‘work stoppage’ and ‘labour disruption.
Job action activities could include strikes, rotating strikes, lockouts, and passive “work to rule” activities, such as: refusing to report to work as scheduled, leaving work early, refusing to perform assigned work, groups calling in sick at the same time, engaging in slow downs, attending union meetings or information sessions on the employer’s time and without employer permission, etc.
Source Alberta Labour Relations Board
When can a union go on strike?
There are several requirements for unions to hold a legal strike. These include:
- Any collective agreement between the union and the employer must be expired.
- The parties must enter into collective bargaining.
- The parties must work with a government- appointed mediator.
- A 14-day cooling-off period must elapse following mediation.
- 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.
Source Alberta Labour Relations Board
FAQs for Employees
Is it legal to cross a picket line and return to work with the employer?
- Yes. Employees can decide to return to work at any time. There is no law or legal requirement that prevents an employee from crossing a picket line and engaging in work with the employer during a strike.
- Employees who return to work during labour action will resume work at their contracted wage and regular hours of work.
Will I lose my job once the strike is over if I cross the picket line because the union says I will no longer be ‘in good standing’?
- No. You will not lose your job if you cross the picket line, but the Union may discourage you from working by threatening fines or imposing discipline.
- The union is prohibited by law from doing anything that would affect your employment, security, and your promotional opportunities if you decide to work.
Can CUPE impose a fine or punish its members?
- We cannot speak on behalf of the union. Please bring this inquiry to the Labour Board or your local. We expect that CUPE’s constitution allows for fines. If you are not a member of CUPE, you are in no way bound by their constitution and no action of any kind purporting to fine you can be taken.
- CUPE cannot collect fines through the employer. This position has been made clear in a variety of cases across Canada. This means that they can “fine” you, but they cannot collect that fine.
