The OLRB has made a decision on what is central and local. We will look at the local proposal and look for a communication to negotiate. The conciliation officer informed the Minister of Labour that the union and the university had not agreed on a collective agreement during the conciliation procedure. While the minister here has the opportunity to appoint a conciliation committee, this practice is rare. That is why the Ombudsman asks the Minister of Labour to prepare a report called the “No Board.” The 17th calendar day after the date of the No Board report becomes the “strike date” – on or after that date, the union is legally authorized to strike, and the university has a legal right to exclude employees from the collective agreement unit. Collective agreements are generally valid for two years, sometimes three and sometimes one. Before the contract expires, the union and employer will enter into negotiations for a renewal contract. The picket line is an expression of one of the core values of solidarity with strikers. If replacement workers are called upon to carry out the work of the bargaining unit, this is seen as a fundamental threat to the strike and a rejection of the demand for solidarity of picket lines. This can lead to inflamed interactions. In light of recent case law on freedom of association, the use of replacement workers is now seen by trade unions as an inappropriate interference with the constitutional right to strike. Labour groups also argue that the use of replacement workers increases the risk of violence on picket lines, prolongs the duration of strikes and undermines the integrity of the collective bargaining process. Teachers withdrew some non-educational services and imposed rotating strikes in various school districts, in accordance with the April 17 agreement.
In response, bcEPSEA made a partial lockout that did not allow teachers to attend school more than 45 minutes before or after school. The BCPSEA also reduced teachers` salaries by 10%, which was to compensate for his party`s partial lockout. The BCTF submitted that the wage reduction was not included in the April 17 agreement and was not otherwise permitted for reasons relating to an essential service name. BCPSEA submitted that it was entitled to reduce wages because there was no collective agreement and the wage reduction did not challenge the April 17 agreement. The social partners, namely the union and the employer, are or must be the most competent to protect their interests and reconcile them with the interests of the other party. Differences of opinion should not be resolved in an arbitration proceeding, which is a adversarial environment similar to a process, but should be the result of good faith negotiations on the part of both parties, even if, on the one hand, economic sanctions are applied for a long period of time. The employer and the union should assume ultimate responsibility for an applicable collective agreement that takes into account the legitimate interests of both parties. Since no collective agreement is in effect during a legal strike and or lockout, workers who are terminated by the employer or who have been dismissed for alleged misconduct during the strike and lockout do not have access to an appeal and arbitration procedure. If employers refuse to reinstate employees for strike-related misconduct and refuse to submit these disputes to arbitration, for example. B in situations where the union challenges a fair reason for dismissal, this often creates a very difficult problem to solve.