Strikes and Lockouts

Question 1

What is a strike? (industrial action)

Answer 1

A strike occurs when members of a bargaining unit withdraw their labor.

Question 2

What is a lockout? (industrial conflict)

Answer 2

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

Question 3

Why do strikes and lockouts occur?

Answer 3

When negotiations have broken down

Question 4

What is the Canadian jurisdiction on strikes intale

Answer 4

the employer is prohibited from dismissing striking employees during a strike.
Work does not have to stop completely for a legal strike to occur

Question 5

Strikes as mistakes might occur because of..

Answer 5

• lack of experience
• limited disclosures of information
• complexity of issues
• miscalculations of the other sides position
• changes in the parties expectations during bargaining

Question 6

Strikes or lockouts occur because of..

Answer 6

• work 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 7

Factors in the decision to strike

Answer 7

bargaining structure: size of the bargaining unit
larger units are more likely to strike than smaller ones
strikes involving smaller bargaining units tend to be longer

Individual factors
loyal union members will be more likely to support a strike
past relationships between parties

Economic conditions
the unemployment rate
financial position of the company
Legislative restrictions
whether legal preconditions for a strike have been met
whether the employees can legally strike
Bargaining Process Factors
strike/lockout as a break from bargaining
impact of the issues being bargained

Question 8

How does a strike or lockout begin?

Answer 8

General pre-conditions

• can occur during collective bargaining and when a collective agreement has expired
• a legal strike must be authorized by a secret ballot
• majority vote is required
• third party intervention must occur before a strike
• notice to the other party of when the action will begin

Question 9

What happens when a strike or lockout occurs?

Answer 9

• 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
• two major factors affect how a strike or lockout proceeds once it begins: picketing and the use of replacement workers

Question 10

Picketings 2 main functions

Answer 10

• to help strikers gain public support for striking of locked out workers
• to discourage individuals from entering the employers premises

Question 11

What are the arguments in favor of replacement workers

Answer 11

• the employers business should not be affect by the decision of the workers to withdraw their labor
• a prolonged shutdown or reduction in production could cause lasting harm to the business
• workers are not banned from earning money from other sources of employment

Question 12

What are the arguments against permitting replacement workers

Answer 12

• employer being able to use replacement workers unduly favors the employer
• great potential for picket line violence
• ON and BC forbid the use of professional strike breakers

Question 13

When does a strike or lockout end

Answer 13

• the parties at the bargaining table reach a collective agreement
• ## one party chooses to cease its actions (returns to bargaining)