BUS 305 CHAPTERS 8,9, 10

1. Define Strike?
Refusal to continue to work that must be done by
employees
Cessation of work, refusal to work or to continue to work
By employees
In combination or in concert or in accordance with a
common understanding or a slowdown or other concerted
activity on the part of employees
That is designed to or does restrict or limit production of
services
2. Why Strike or Lockouts happen (Factors affecting the likelihood of
a strike or lockout Page 366)?
Is to inflict economic pain on the other side in a bargaining
situation in order to force acceptance of ones bargaining
demands (strikes as mistakes, strikes as collective voice)
o Bargaining structure- size of the bargaining unit
o Individual factors
o Economic conditions
o Legislative restrictions
o Bargaining process factors
3. (General pre conditions of a strike)
Bargained collectively in good faith
Vote-secret ballot-majority of those voting-time: 3 months
Written notice-other party and LRB
72 hours
Mediator, if any, booked out
4. How does a strike or lockout begin?
Can only occur while collective bargaining is taking place,
and when an existing collective agreement has expired.
Will occur during the term of the collective agreement,
usually in reaction to a controversial workplace event or
series of events (wildcat strike)
Must be authorized by a vote of the bargaining unit,
ensures that strike action truly reflects the will of the union
membership and not just the idea of a union executive.
Strike mandate (50% +1)
The parties make use of third party intervention before the
strike or lockout. For instance use of mediator to help reach
an agreement
The party initiating the lockout must give notice to the
other party of when the strike or lockout will begin

5. Ending a strike or lockout?

The bargaining parties reach a collective agreement
One party chooses to cease its actions and usually return
to bargaining
o Economic impact of a strike or lockout depicts the
length of time it takes to reach a resolution
o Funding for strike pay comes from the unions own
financial resources
o The unions ability to continue paying strike pay is
clearly an important determinant of how long a strike
lasts
o Therefore the individual financial situations of the
members and the amount of financial support the
union is able to offer can strongly influence a strikes
duration
o If the local unemployment rate is low and the union
members are easily able to find alternative work
during a strike, the strike may be longer than it
would otherwise be.
6. Replacement workers for and against them
Replacement workers- are workers who carry out tasks
usually performed by workers who are currently on strike
o Hired/engaged after, notice within 4 months
o Who work at another place of operations,
transferred after or, employed/engaged or
supplied by another person to perform
o The balance of power in bargaining is clearly
weighted in the employers favor if the workers
are permitted
7. Theoretical argument of replacement workers- The theoretical
argument in favor of permitting replacement workers is that the
employers business should not be affected by the decision of the
workers to withdraw their labor and that a prolonged shutdown or
reduction in production could cause the business lasting harm.If
striking workers are not banned from earning money through other
sources of employment, it is unfair to ban the employer from earning
money from its business operations while a strike is taking place.
Theoretical argument against permitting replacement workers is
that giving the employer the ability to use replacement workers
creates a severe imbalance of bargaining power. A withdrawal of labor
will have virtually no economic impact on the employer if the employer
can easily replace the striking workers and continue operating as
usual. This, the argument proceeds the balance of power in
bargaining is clearly weighted in the employers favor is replacement

workers are permitted. The ability to replace striking workers removes

any economic incentive the employer might have to concede to
unions demands. There is also a great potential for conflict and
violence on the picket line if replacement workers are regularly
confronting picketing union members when entering or leaving the
employers premises
8. Essential service- legislation that restricts or forbids workers in
certain occupations from striking. The general principle is that workers
are considered to be providing an essential service if their absence
from the workplace would cause a threat to public safety or health.
Examples: Police officer, correctional officer, medical doctor, and
firefighter
9. Minister of labor is the highest elected official in bc other than
premier, respected for making the first decision (when the province
says this dispute deserves to have someone to come in thats really
special) If it is an essential service a third party is assigned, for
instance a mediator. Back to work legislation- If a legal or illegal public
sector strike occurs, governments can use back-to-work legislation
10. Define Picketing- is probably the most visible indication of a strike
or lockout
Attending at or near a persons place of business, operation
or employment
For the purpose of persuading or attempting to persuade
anyone to:
o Enter place of business, operations or employment
o Deal in or handle that persons products
o Do business with that person
11. Picketing important notes
Lawfully on strike or locked out
May picket at or near a site or place where a member of
the trade union performs work
Work under control or direction of the employer
If work is an integral and substantial part of the employers
operation
12. Mediators-defined as third parties, try to resolve disputes,
generally a win-win situation and work with both parties, are hired as
employees. The mediator actually becomes involved in negotiations in
the negotiations and encourages and assists the parties to find their
own solutions to disputes.
Types:
Voluntary
Statutory
Special mediator

 Fact finder
Arbitration- arbitrator creates the solution that becomes apart of the
collective agreement
13. Ratification vote- When a strike or lockout ends because the teams
have settled on a collective agreement, the union members must vote
on whether to accept the terms of the proposed collective agreement.
14. Chilling effect- parties may not be seriously committed to
bargaining because they know if they reach an impasse, a third party
will resolve the impasse for them.
15. Narcotic affect- when the responsibility for resolving disputes is
taken away from the parties and given to the third parties and
therefore the parties will lack the skills to bargain successfully and
therefore become less skilled.
16. Industrial Inquiry Commission- Is a clear sign to the parties that the
minister of labor will be informed of the dispute and will possibly get
involved in its resolution if they do not act to resolve the dispute on
their own. Can be appointed when a dispute is likely to arise, and there
is no need to wait until a dispute exists