Recent B.C. decision on secondary picketing at non-striking facility

October 15, 2017 - by: David McDonald 0 COMMENTS

by David T. McDonald

About 15 years ago, the Supreme Court of Canada changed the law on secondary picketing in Canada. That decision, RWDSU Local 558 v. Pepsi-Cola Canada Beverages (West) Ltd., 2002 SCC 8, ruled that secondary picketing was generally lawful unless accompanied by wrongful conduct such as violence or blockading. This meant that union members and striking employees could picket businesses that were not part of a labor dispute in an effort to put pressure on the struck employer.

The Pepsi-Cola decision left it open for governments to enact laws that restrict the ability to picket places other than the struck location. The laws vary across Canada. The British Columbia Labour Relations Code is an example of a law that prohibits secondary picketing.

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Federally Regulated Employees Required to Cross Another Union’s Picket Line

November 30, 2009 - by: Ida Martin 0 COMMENTS

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.

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Federally Regulated Employees Required to Cross Another Union’s Picket Line

November 30, 2009 - by: Ida Martin 0 COMMENTS

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.

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Limits Placed on Videotaping Picket Line Activities

June 30, 2009 - by: Derek Knoechel 0 COMMENTS

In October and November 2006, members of the United Food and Commercial Workers Local 401 were on strike and picketing at Palace Casino, located at one of Canada’s largest malls — West Edmonton Mall. Striking union members pointed a video camera at the entrance of the casino, recording the image of everyone who crossed the picket line to enter the facility.

They also took still photographs of some individuals who were crossing the picket line.  Signs placed in the area suggested that the images of persons crossing the picket line would be placed on a “CasinoScabs” website and that by crossing the picket line individuals were providing their consent for this purpose. The union also placed some of the pictures on posters and in union newsletters.

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