STRIKE VOTE Q & A-ONTARIO
What is a strike vote?
Prior to a Union being able to order unionized employees out on strike (legally), the Union must have the support of a majority of the bargaining unit. In order to achieve this, a Union will hold a vote where all eligible members of the bargaining unit can vote for or against going on strike. You don’t have to vote or even go to the meeting, but the Union must give you an opportunity to vote.
What if I don’t want to go on strike? If I don’t vote, do I have to go on strike?
In order for your opinion or wishes to count you must vote. If you don’t vote, those who do vote make the decision - regardless of what you hope for. If your workplace has 100 employees and 20 show up for a strike vote, suppose 11 vote to strike and 9 vote against a strike. The union can then call a strike with only 11/100 votes in favour. If you don’t want to be on strike, show up and cast your vote. If you do want to strike then show up and vote in favour of a strike. Either way, it is important to participate.
How much is my strike pay?
That depends on the union. A common amount is $100/week. Sometimes it is more for the first few weeks and then it drops if the strike is longer.
If a majority of the bargaining unit votes in favour of the strike, does this mean that a strike happens right away?
Not necessarily. The Union has to ensure that strike vote is taken within 30 days or less of the expiration of the collective agreement. There are also other requirements that the Union must meetbefore a strike can lawfully occur: (i) the collective agreement must expire; (ii) a government conciliation process must also occur; and (iii) 16 days have to go by after a “No-Board” report is issued by the conciliation officer in advance of any strike).
Will the Union be able to tell how I voted in a strike vote?
No. The strike vote must occur by secret ballot so the Union will not know who voted for and against a strike. Your name is not placed on the ballot. Votes are not legal if they are done by a show of hands. (Be aware that some union organizations are trying to get governments to replace the secret ballot with a show of hands - but this is still illegal.)
Does the Union have to count the vote in front of the unionized employees?
No. There is no requirement that the vote be counted in front of employees at the end of the voting process. There is no requirement that unionized employees be allowed to have scrutineers as occurs in a normal election (to monitor the counting of the vote). Unlike other countries, which require independent agencies to run union strike votes, Canada still allows unions to run their own votes - sort of like allowing one political party to count all votes in an election (!). Unfortunately there are stories from employees across Canada who believe their Union changed the actual voting results and made up a result that the Union wanted and then took employees out on strike.
How will I know when a strike vote is going to occur?
The Unionis required to make sure that all employees in the bargaining unit have ample opportunity to cast a vote. Usually a Union puts a notice out to the employees announcing the time and location of its strike vote.
What if I don’t agree with the way that the Union handled the strike vote?
If a bargaining unit member thinks that the Union did not handle a strike vote properly, he or shecan file an application with the Labour Relations Board requesting that the vote be declared invalid. This application should be madevery quickly after the Union advises of the results of the vote.
Can the Union ask employees to ratify a collective agreement or go on strike if they don’t ratify?
Yes, in workplaces covered by the Canada Labour Code. Insiders call this “the double question”. Some Canadian provinces have moved to ban this type of question but the federal Parliament and Labour Board have not. So, the union can say here is a proposed collective agreement. You can vote one of two ways. You can either vote to accept the agreement or vote to reject the agreement and go on strike. With a “double question” there is no option to reject the agreement without going on strike.
Can I work during the strike?
Here’s a lawyer’s answer: “it depends”. While unions, with the help of the Bloc Quebecois, the NDP and some Liberals and Conservatives are trying to take away your Charter right to earn a living – you can still cross a picket line in the federal sector and work during a strike IF your employer operates during the strike and IF they allow employees to cross the line to work. Be aware that Unions make all sorts of threats against employees who cross – many of them not true. For example, Unions will fine members who cross a picket line. This has occurred even though no court has upheld such a fine when an employee has fought the fine with a labour lawyer who knows that courts don’t collect union fines from union members. For more information on unions and fines for not picketing or for working during a strike, visit the employee rights website: LabourWatch has a collection of news items about union fines.