By Ida Martin
Imagine there is a group of federal government employees that are engaging in a lawful strike. Because of the physical location of your workplace, your employees can’t get to work without crossing the picket line. Your workers are unionized and have decided they won’t cross the picket line of the striking federal employees. As such, they are not at work. Can you require them to cross the picket line? What if there is a clause in your collective agreement that states that the company doesn’t expect members of the union to cross a picket line? Can you still insist?
According to a recent Federal Court of Appeal decision, G.W.U., Local 333 v. B.C. Terminal Elevator Operations’ Assn., you can. Even if your collective agreement states that the union isn’t expected to cross a picket line.