Chapter 9

Question 1

What are strikes and lockouts?

Answer 1

Defining Strikes and Lockouts

–>A strike occurs when members of a bargaining unit withdraw their labour

–>A lockout occurs when the employer closes all or part of the workplace so that workers cannot enter
the premises to perform their jobs

–>Industrial action and industrial conflict are terms
that also describe both strikes and lockouts

Question 2

Strikes and Lockouts

Answer 2

A legal strike or lockout can take place only while collective bargaining is in progress

–>A strike or lockout occurs because negotiations
have broken down
In most Canadian jurisdictions, the employer is prohibited from dismissing striking employees during a strike

-->Work does not have to stop completely for a legal strike 
to occur (rotating strikes and work-to-rule campaigns 
can be considered strikes)

Question 3

Why do strikes happen?

Answer 3

Strikes happen with the purpose of inflicting
“economic pain” on the other side to force acceptance
of bargaining demands

–>The party that ‘wins’ is usually the one that is better
able to withstand the economic pain being inflicted on it

Question 4

Complex motivations for strikes and lockouts

Answer 4

“Strikes as mistakes”: strikes or lockouts occur as a result of mistaken perceptions from:

• Lack of bargaining experience
• Limited disclosures of information
• Complexity of issues
• Miscalculations of the other side’s position
• Changes in the parties’ expectations during bargaining

Question 5

Strikes a collective voice

Answer 5

Strikes as collective voice
Union and management have different interests and different philosophies, and distrust each other
Strikes or lockouts occur because of:

• Worker dissatisfaction
• Management’s willingness to address discontent
• Whether there are other means for workers to express discontent

-The ability of union leaders to mobilize discontent
Whether strikes are socially legitimate

-Strikes and lockouts occur because one party wants
to express its concerns visibly

Question 6

Bargaining Structure

Answer 6

Larger units are more likely to strike than smaller units, in part because more workers are involved in
a larger bargaining unit, and withdrawing labour has
a greater impact

–>Strikes involving smaller bargaining units tend to be longer than those involving larger bargaining units

Question 7

Individual Factors

Answer 7

Loyal union members will be more likely to support a strike

The nature and quality of the past relationship between the parties may also have an effect

Whether strikes or lockouts have been resorted to
in past negotiations may also be important

Question 8

Economic Conditions

Answer 8

• the unemployment rate
• financial position of the company
• the employer’s business cycle

Question 9

Legislative Restrictions

Answer 9

Whether legal preconditions for a strike have been met

–Whether the employees can legally strike

Question 10

Bargaining Process Factors

Answer 10

Strike/lockout as a break from bargaining

–>The impact of the issues being bargained

Question 11

General pre-conditions:

Answer 11

A legal strike or lockout, either can occur only
during collective bargaining, and when an existing collective agreement has expired

–>A legal strike must be authorized by a secret ballot
strike vote by members of the bargaining unit

–>A majority vote (usually 50% + 1) is required for a strike mandate

–>Most jurisdictions require third party intervention must occur before a strike/ lockout action

Question 12

How Does a Strike or Lockout Begin?

Answer 12

The party undertaking a strike or lockout must give notice to the other party of when the action will begin

–>Most jurisdictions have legislation that restricts or forbids strikes by essential services workers

–>An essential service’s withdrawal would cause a threat to public safety or health

–>Governments can use ‘back to work legislation’ or courts to end strikes, but those actions can often cause long term difficulty in the relationship

Question 13

What happens when a strike or lockout takes place?

Answer 13

Striking workers may seek other employment in order
to supplement their strike pay

–>Collective bargaining may or may not resume during a strike or lockout

–>One party may refuse to return to the bargaining table due to pressure of a strike or lockout

Two major factors affect how a strike or lockout proceeds once it begins:

Question 14

Two major factors affect how a strike or lockout proceeds once it begins:

Answer 14

• Picketing

- The use of replacement workers