0792-00-U Westroc Inc., Applicant v. CAW Local 1256, Responding Party.
BEFORE: Laura Trachuk, Vice-Chair.
APPEARANCES: Stephen Shamie for the applicant, no one appearing for the responding party.
DECISION OF THE BOARD; June 10, 2000
1This is an application under section 100 of the Labour Relations Act, 1995 (the “Act”) which was filed with the Board on June 9, 2000. The application alleges that the applicant’s employees who are represented by the responding party in collective bargaining are engaging in an unlawful strike. The application was expedited and set down for hearing at 1:00 p.m. June 10, 2000. Representatives of the applicant appeared at the hearing but no one appeared on behalf of the responding party.
2The Board waited 30 minutes after the time scheduled for the commencement of the hearing to accommodate any late arrivals. The Board, being satisfied that the responding party had received notice of the hearing, proceeded to receive the applicant’s evidence.
3The Board’s legal framework for such cases as this was described in its decision of June 9, 2000 and will not be repeated here. It suffices to say that strikes during the currency of a collective agreement are absolutely prohibited.
4Having considered the evidence and submissions of the applicant the Board finds that its employees were engaging in an unlawful strike when they refused to cross a picket line set up at the workplace on June 9, 2000 and that that unlawful strike will continue when a picket line is set up again on or before Monday June 12, 2000. The Board also finds that the union and its officials have authorized, counseled, procured, supported and encouraged the unlawful strike.
5The Board therefore makes the following Orders and Declarations:
ORDERS AND DECLARATIONS
(a) that employees of Westroc Inc. represented by the
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respondent trade union (National Automobile, Aerospace Transportation And General Workers Union of Canada (CAW Canada) and its Local 1256) have engaged in a concerted refusal to cross the CEP picket line at the Westroc Industries Ltd. Mississauga Plant, and have thereby engaged in an unlawful strike contrary to the Labour Relations Act;
(b) that employees of Westroc Inc. represented by the respondent
trade union are to refrain from engaging in an unlawful strike; which is to say, "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 of limit output". In particular: the employees are directed to cease and desist from the concerted refusal to cross the CEP picket line at the Mississauga Plant, and to return to work forthwith;
(c) that the respondent trade union through its officials and through its stewards, are to post and pass out in writing to all employees of Westroc Industries Ltd. represented by the respondent trade union a copy of the following Notice which they shall also post in the employer's premises on June 10, 2000 for a period of thirty (30) consecutive days;
(d) that all officers, officials, stewards or agents of the respondent trade union shall refrain from counselling or procuring or supporting or encouraging or engaging in an unlawful strike; and that
(e) all persons having notice of this Order are to refrain from any acts which they know or ought to know, as a reasonable and probable consequence, will induce other persons to engage in an unlawful strike.
6For the purposes of clarity, the Board notes that the Directions and Orders contained in this decision may be filed, forthwith, in the Ontario Court (General Division), and, thereafter, may be enforced as an Order of that Court. A failure to comply with the Board’s Orders may result in a finding of “contempt of court”, and can result in fines or imprisonment.
“Laura Trachuk”
for the Board
Appendix
The Labour Relations Act
NOTICE TO EMPLOYEES
Posted by order of the Ontario Labour Relations Board To Westroc Inc. Employees:
Represented by the Canadian Auto Workers, Local 1256, have engaged in a concerted refusal to cross the picket line of another trade union, and have thereby engaged in an unlawful strike in violation of the Labour Relations Act.
The Ontario Labour Relations Board orders that employees of Westroc Inc. represented by the respondent trade union are to refrain from engaging in an unlawful strike; which is to say, "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". In particular: the employees are directed to cease and desist from the concerted refusal to cross the picket line of another trade union.
The Ontario Labour Relations Board orders the respondent trade union through its officials and through its stewards to post and pass out in writing to all employees of Westroc Inc. represented by the respondent trade union a copy of this Notice and to post it in the employer's premises on June 10, 2000, for a period of thirty (30) consecutive days, that the employees' concerted work refusal is unlawful and in violation of the Labour Relations Act and is to cease immediately. The parties agree to abide by the provisions of the collective agreement and the Labour Relations Act.
The Ontario Labour Relations Board orders that all officers, officials, steward or Agents of the respondent trade union shall refrain from counselling or procuring or supporting or encouraging or engaging in an unlawful strike.
The Ontario Labour Relations Board orders that all persons having notice of this Order are to refrain from any acts which they know or ought to know, as a reasonable and probable consequence, will induce other persons to engage in an unlawful strike.
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- The Board treats allegations of illegal strike activity seriously. So should the persons involved. In the event of an illegal strike, an employer may seek a number of remedies:
(1) Under section 100 an employer can seek a cease-and-desist order enforceable in the Superior Court of Ontario as an Order of the Court. Disobedience can result in fine or imprisonment.
(2) An employer may seek damages at arbitration for any lost profits or economic losses: (see section 103 of the Labour Relations Act).
(3) An employer can discipline employees who engage in unlawful concerted activity because engaging in an illegal strike is a serious breach of their employment obligations which warrants at least discipline and, in the view of some arbitrators, discharge (see, for example, Re Oshawa Group Ltd. and Teamsters Union Local 419 (1988), 1988 CanLII 9224 (ON LA), 33 L.A.C. (3d) 97 where the arbitrator upheld a 14-day suspension with consequent loss of pay for an employee engaging in an illegal strike; see also the unreported decision of Michel Picher involving the same parties released June 10, 1988.)
(4) The employer may seek consent to prosecute and subsequently prosecute employees or the trade union for their breach of the law. A strike is not just a private protest. It is contrary to the Labour Relations Act. A successful criminal prosecution may result in fines of up to $2,000.00 per day for employees and $25,000.00 per day for the Union.
- The Ontario Labour Relations Board also treat any declarations or orders it makes with respect to unlawful strike activity seriously. So do the Courts. The Courts are not slow to enforce and give effect to directions given by the Board with respect to unlawful strike activity.
This is an official notice of the Board and must not be removed or defaced.
This notice must remain posted for 30 consecutive days Dated this 10th day of June, 2000