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Alberta Corrections staff 'Illegal' strike

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Alberta Corrections staff 'Illegal' strike

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Old Apr 29th 2013 | 1:12 am
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Default Alberta Corrections staff 'Illegal' strike

Been looking in on this:

http://www.cbc.ca/news/canada/edmont...ds-served.html

Am I right in thinking that those Sheriffs. Probation Officers etc coming out in support of Provincial Corrections Officers in Edmonton and elsewhere can only picket their own place of work and that 'secondary picketing' at other institutions etc is illegal?

From a personal point of view, providing Corrections Officers involved have legitimate safety concerns, and management have refused/failed to address them, they have a right to strike as it would appear they have been left with no choice. The Province needs to sort this out, if necessary with no pre conditions.

Last edited by macadian; Apr 29th 2013 at 1:26 am.
 
Old Apr 29th 2013 | 1:21 am
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Default Re: Alberta Corrections staff 'Illegal' strike

According to this NO
Now, in a decision released on January 24, 2002, the Supreme Court of Canada has acted to eliminate this uncertainty in the common law by declaring that secondary picketing is legal if no criminal or tortious conduct is involved. In moving to rationalize the law of secondary picketing, the Court also expressed its views on the relative weight to be accorded to the competing values of freedom of expression and the protection of third parties from economic harm.
http://www.ehlaw.ca/publications/apr02/rwdsu.pdf
 
Old Apr 29th 2013 | 1:29 am
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Default Re: Alberta Corrections staff 'Illegal' strike

Originally Posted by Former Lancastrian
According to this NO
Now, in a decision released on January 24, 2002, the Supreme Court of Canada has acted to eliminate this uncertainty in the common law by declaring that secondary picketing is legal if no criminal or tortious conduct is involved. In moving to rationalize the law of secondary picketing, the Court also expressed its views on the relative weight to be accorded to the competing values of freedom of expression and the protection of third parties from economic harm.
http://www.ehlaw.ca/publications/apr02/rwdsu.pdf

So, depending on interpretation, mass secondary picketing, such as was seen in the UK some years ago (now illegal in the UK) , that turned into major incidents/riots, would might be deemed illegal in Canada?

Last edited by macadian; Apr 29th 2013 at 1:32 am.
 
Old Apr 29th 2013 | 1:38 am
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Default Re: Alberta Corrections staff 'Illegal' strike

Originally Posted by macadian
So, depending on interpretation mass secondary picketing, such as was seen in the UK some years ago (now illegal in the UK) , that turned into major incidents/riots, would probably be deemed illegal in Canada?
But Canadians dont riot unless their hockey team loses
If you notice over the last few years the collective bargaining between public sector unions and Govts has become somewhat strained. How many have been legislated back to work. The current PC Govt have been described as wanting to bust all unions and saying to workers this is what we propose to give you (if anything) so take it or leave it. If you strike we will legislate you back to work.
Im now almost entering year 2 without a contract. It has been 3 years since I last saw any increase in wages. Im not on strike nor do I want to be.
Their reasons for striking is not about money and benefits its about Health & Safety concerns within a prison type setting.
 
Old Apr 29th 2013 | 2:44 am
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Default Re: Alberta Corrections staff 'Illegal' strike

Originally Posted by macadian
So, depending on interpretation, mass secondary picketing, such as was seen in the UK some years ago (now illegal in the UK) , that turned into major incidents/riots, would might be deemed illegal in Canada?
Suspect that it is a provincially regulated thing. Here, the St. John's airport maintenance staff have been on strike for 6 months or more. Recently there was a collection of pickets down the street from my place of work - which is nowhere near the airport. I figured there was a strike at the freight company they were picketing but no, they were picketing there because on of the members of the airport board worked there. That is a step up from picketing the home of the Airport CEO which was an earlier tactic.
 
Old Apr 30th 2013 | 1:29 am
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Default Re: Alberta Corrections staff 'Illegal' strike

Seems the Guards are being 'bullied' back to work by the Province. To be expected I suppose as it had been declared 'illegal'. Don't suppose the Union has a choice as the rate of 'Fines' would bankrupt them as time goes on. Would be nice to see all of the Provinces work force walk out in support at this turn of events....but that won't happen either. If nothing else, the action of the Guards may now force the Province to address the health and Safety concerns which initiated the action in the first place, rather than simply suspend anyone who dares to raise such concerns with management.
 
Old Apr 30th 2013 | 1:35 am
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Default Re: Alberta Corrections staff 'Illegal' strike

Im betting if they had walked off the job legally i.e. refusal to work under H & S which is perfectly legal then the Provincial Labour Authorities would have gone in and done an assessment of the facility and probably would have ruled no H & S concerns and then the Govt would have ordered them back to work.
CBSA do this a number of times a year they refuse to work under the H & S rules which is perfectly legal but usually within 12 hours are ordered back to work.
 
Old Apr 30th 2013 | 1:40 am
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Default Re: Alberta Corrections staff 'Illegal' strike

Originally Posted by Former Lancastrian
Im betting if they had walked off the job legally i.e. refusal to work under H & S which is perfectly legal then the Provincial Labour Authorities would have gone in and done an assessment of the facility and probably would have ruled no H & S concerns and then the Govt would have ordered them back to work.
CBSA do this a number of times a year they refuse to work under the H & S rules which is perfectly legal but usually within 12 hours are ordered back to work.
Would tend to agree....though it would seem that representation was and has been made regarding health & safety concerns at the centre by the Union...and no movement by the Province to address them? It that's the case, then perhaps the Union should have handled the issue differently however I suspect the suspension of the two guards who dared to complain about it directly to Management forced the Unions hand....'United we stand etc". Now the Province, using the courts, will get their way, resulting in a jail/jails full of bloody minded 'work to rule' orientated Guards...a really good mix for an amicable solution.

Last edited by macadian; Apr 30th 2013 at 2:19 am.
 

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