Yes, a strike vote by secret ballot is required before a union can lawfully commence a strike of employees in the bargaining unit.
A union holding a strike vote is a common occurrence in collective bargaining and does not mean that a strike will occur.
All employees in a bargaining unit have the right to participate in such a vote and must have ample opportunity to cast a ballot at a reasonably convenient time and place.
The strike vote must be taken within 30 days before the collective agreement expires or at any time after the collective agreement expires. In the case of a first collective agreement, the vote must be conducted after the appointment of a conciliation officer. In either case, a majority (50% +1) of those voting by secret ballot must vote in favour of strike action in order for the union to be able to call a strike on or after the strike deadline date.
This is a vote that is conducted entirely by the union; it is not supervised by the Ministry of Labour. It is entirely up to the union as to whether it releases the specific vote results. The outcome of the vote will tell the union whether the employees in the bargaining unit authorize the union to call a strike. As a result, all bargaining unit members are encouraged to participate in the vote.
After the parties have met with a conciliator, if they have not been able to settle all outstanding matters, the conciliator will report this to the Minister of Labour. Typically, the Minister then issues a No Board report. The union is in a position to commence a legal strike at 12:01 am on the 17th calendar day after the date on the No Board report.
Yes. During a strike, the union will often form picket lines at the workplace. Picketers are legally permitted to carry signs stating the nature of the dispute, speak to people entering the property about their concerns, and ask people entering the property to join the picket line. However, picketers are not permitted to:
- picket on university property
- blockade access to the university
- Use force, threats, or threatening gestures to prevent people from coming onto university property, including students, any employee wanting to attend work and visitors
- otherwise engage in unlawful behaviour
Yes. Any time (before or after the commencement of a strike or lock-out), the university may ask the Minister of Labour to direct a vote of the employees in the affected bargaining unit as to their acceptance or rejection of the university’s final offer on all matters remaining in dispute.
Upon the receipt of such a request, the Minister must direct that a vote, to accept or reject the university’s offer, be conducted.
The vote is supervised and conducted by Ministry of Labour officials and the result of the vote is public. This process can only be used once