Download PDF - Stewart McKelvey
Download PDF - Stewart McKelvey
Download PDF - Stewart McKelvey
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
______________________________________________________________________________<strong>Stewart</strong> <strong>McKelvey</strong>Doing Business in Atlantic CanadaDuring a strike, the union must continue to supply services, operation of facilities or production of goodsto the extent necessary to prevent an immediate and serious danger to the safety or health of the public.Unfair Labour PracticesEmployers are prohibited from engaging in a number of unfair labour practices. An employer cannot:• participate in or interfere with the formation or administration of a trade union or therepresentation of employees by a trade union;• contribute financial or other support to a trade union;• refuse to employ or to continue to employ or suspend, transfer, lay off or otherwise discriminateagainst any person with respect to employment, pay or any other term or condition ofemployment or intimidate, threaten or otherwise discipline any person, because the person• is or proposes to become, or seeks to induce any other person to become, a member,officer or representative of a trade union or participates in the promotion, formation oradministration of a trade union,• has been expelled or suspended from membership in a trade union for a reason otherthan a failure to pay the periodic dues, assessments and initiation fees uniformly requiredto be paid by all members of the trade union as a condition of acquiring or retainingmembership in the trade union,• has testified or otherwise participated or may testify or otherwise participate in aproceeding under Part I of the CLC,• has made or is about to make a disclosure that the person may be required to make in aproceeding under Part I of the CLC,• has made an application or filed a complaint under Part I of the CLC, or• has participated in a strike that is not prohibited by Part I or exercised any right underPart I;• impose any condition in a contract of employment that restrains, or has the effect of restraining,an employee from exercising any right conferred on them by Part I of the CLC;• suspend, discharge or impose any financial or other penalty on an employee, or take any otherdisciplinary action against an employee, by reason of their refusal to perform all or some of theduties and responsibilities of another employee who is participating in a strike or subject to alockout that is not prohibited by Part I of the CLC; or• deny to any employee any pension rights or benefits to which the employee would be entitled butfor• the cessation of work by the employee as the result of a lockout or strike that is notprohibited by Part I, or• the dismissal of the employee contrary to Part I.Similarly, unions face unfair labour practice complaints. Unions cannot:• seek to compel an employer to bargain collectively with the trade union if the trade union is notthe bargaining agent for a bargaining unit that includes employees of the employer;Page 67