Lawful Strike — Ontario Employment Law

Premier Implementation Solutions Canada Inc. v. Unifor, Local 222

Union Picketing Injunction: Lawful Strike Obstruction

This is an interlocutory proceeding concerning an application for an interim injunction by an employer against a union during a lawful strike. The court addressed whether the union's picketing constituted unlawful obstruction and nuisance, and whether the statutory requirements for granting an injunction without proper notice were met.

Sobeys v. UFCW, Local 175

Labour Law: Injunction Against Picketing During Strike

This is an interlocutory proceeding where an employer sought an injunction to restrain picketing activities by a union during a lawful strike. The court applied the RJR-MacDonald test, balancing the employer's right to access property against the union's constitutional right to peaceful picketing, ultimately granting the injunction with terms allowing limited delays.

Fleming Door Products Ltd. v. H.

Labour Injunction: Picketing Obstruction Case

This is an interlocutory proceeding where the plaintiff sought an interim and interlocutory injunction to prevent unlawful picketing that obstructed transport trucks and non-unionized workers. The court addressed whether the obstruction constituted unlawful conduct causing irreparable harm and determined the applicability of specific statutory sections for granting the injunction.

Re Canac Shock Absorbers Ltd. and International Union, United Automobile, Aerospace & Agricultural Workers of America (U.A.W.), Local 984 et al.

This judicial review concerns the Ontario Labour Relations Board's authority under s. 95(1) of the Labour Relations Act to clarify, vary, or reconsider its prior decisions. The court examined whether the Board acted within its jurisdiction by clarifying that employees were engaged in a lawful strike and by treating two corporations as one employer, as well as whether procedural fairness required allowing further evidence during the clarification process.

Lescar Construction Co. Ltd. v. W.

Labour Dispute: Secondary Picketing and Corporate Structure Changes

A labour and employment case involving secondary picketing at a construction site, where a subcontractor altered its corporate structure to avoid the effects of a lawful strike. The court ruled that picketing remains lawful even if the corporate structure changes and declined to grant an interlocutory injunction to restrain the picketing.

SCM (Canada) Ltd. v. M. et al.

Picketing Injunction: Lawful Strike Limits

This is an interlocutory proceeding where the employer sought an interim injunction to restrict the number of pickets at the plant entrances during a lawful strike. The court dismissed the motion, holding that large numbers of pickets alone do not justify an injunction absent evidence of violence, intimidation, or obstruction of access.

Regina v. Canadian Pacific Railway Co.

Employment Law: Ontario Labour Relations Act and Lawful Strike Termination

A merits decision involving the interpretation of the Ontario Labour Relations Act regarding whether an employer can terminate employees for participating in a lawful strike after the expiration of a collective agreement and the exhaustion of conciliation proceedings. The case later reached the Supreme Court of Canada (Canadian Pacific Railway Co. v. Zambri, [1962] SCR 609). The Supreme Court dismissed the appeal and held that the striking employees had the right to participate in a lawful strike without terminating their employment contracts. The matter was remitted to the magistrate to register convictions against the employer for unlawfully threatening to dismiss and refusing to continue employing the striking workers.