Secondary Picketing — Ontario Employment Law
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About Secondary Picketing
Secondary picketing occurs when striking or locked-out workers establish a picket line at a location other than the workplace of their direct employer. Unlike primary picketing, which takes place directly at the employer's gates, secondary picketing targets third parties connected to the employer. This could include suppliers, distributors, retail outlets selling the employer's goods, public warehouses, or even the corporate parent company.
In Ontario, the legality of secondary picketing is fundamentally shaped by the common law and the Canadian Charter of Rights and Freedoms. Historically, courts often restricted secondary picketing because it dragged neutral third parties into labour disputes. However, modern legal principles treat secondary picketing as a protected form of freedom of expression. Unionised workers generally have the right to peacefully convey information and seek public sympathy anywhere, including outside a third-party business.
Yet, this right is not absolute. Ontario courts apply the "wrongful action model." This means secondary picketing is lawful unless it involves independent tortious or criminal conduct. If picketers engage in nuisance, trespassing, violence, intimidation, or actively blocking employees and delivery vehicles from entering a neutral site, the picketing crosses from lawful expression into unlawful interference. Additionally, courts will examine if a targeted third party is truly neutral; if a third party acts as an "alter ego" or ally by doing the struck employer's work, courts may grant picketers wider latitude.
When unlawful conduct occurs, the affected third party can apply to the Ontario Superior Court of Justice for an interim or interlocutory injunction to restrict or prohibit the picketing. Because granting an injunction in a labour dispute involves strict statutory requirements and balances constitutional rights against a company's commercial interests, the outcomes rely heavily on the specific nuances of the dispute. Organizations or unions caught in these challenging situations should always seek customized advice from a seasoned labour lawyer to clearly understand their legal standing.
Frequently Asked Questions
What is the difference between primary and secondary picketing?
Primary picketing happens at the physical premises of the employer involved in the labour dispute. Secondary picketing happens at other locations, such as the businesses of neutral suppliers, vendors, or the corporate parent company, to exert economic pressure on the primary employer.
Is secondary picketing legal in Ontario?
Yes, it is generally considered a lawful exercise of freedom of expression under the Charter. However, it only remains legal if the picketing is peaceful and does not involve unlawful acts like trespassing, physical intimidation, or property damage.
Can striking workers completely block access to a third-party business?
No. Picketers at a secondary location are entitled to peacefully communicate their message, but they cannot legally barricade entrances, trap vehicles, or prevent neutral employees and customers from accessing the business.
How can a neutral business stop disruptive secondary picketing?
If picketers are committing unlawful acts that cause irreparable harm, the third-party business can apply to the court for an interlocutory injunction. To succeed, the business must provide strong evidence that the picketers are engaging in wrongful conduct beyond mere communication.
What is an 'alter ego' employer in the context of secondary picketing?
An 'alter ego' or ally is a third party that heavily inserts itself into the labour dispute, often by performing the struck work on behalf of the primary employer. If a court finds a business is an ally rather than a neutral party, they may be subject to the same picketing pressures as the primary employer.
At what point should a third-party business contact a lawyer about a picket line?
Management should consult a labour lawyer the moment a secondary picket line begins to disrupt operations or escalate beyond peaceful information sharing. Securing an injunction requires acting quickly and gathering precise, well-documented evidence of unlawful interference.
Common Scenarios
- Unionized factory workers go on strike and deploy some members to a public warehouse where the factory's inventory is stored, distributing leaflets to warehouse staff and drivers about the ongoing dispute.
- During highly contentious collective bargaining, employees of a subsidiary company travel to the downtown headquarters of their parent corporation, loudly protesting and temporarily delaying executives from entering the building.
- A striking carpenters' union sets up a picket line at a massive retail construction site where their direct employer is merely one subcontractor, attempting to persuade workers from completely separate, neutral trades to walk off the job in solidarity.
What You Should Know
- If your business becomes the target of a secondary picket line, immediately start thoroughly documenting the event with time-stamped video and detailed incident logs, especially focusing on blocked access or aggressive behaviour.
- Union organizers planning a secondary picket should carefully instruct members that their goal is strictly to communicate and persuade, not to physically obstruct or intimidate anyone at the neutral site.
- Recognize that attempting to circumvent a strike by having a third-party partner perform the striking members' duties can strip that third party of its 'neutral' status, opening it up to more aggressive picketing.
- Because the boundary between lawful Charter expression and actionable nuisance is complex, never attempt to physically force picketers off public property without first obtaining an injunction drafted by qualified legal counsel.
Featured Cases
683481 Ontario Ltd. v. Beattie
1990 CanLII 8063 (ON SC) · 1990-08-16Labour Dispute: Alter Ego Doctrine and Secondary Picketing
A labour dispute case involving a warehousing agreement where the plaintiff was found to be involved in a labour dispute with Stelco. The court applied the alter ego doctrine to determine the plaintiff's relationship with Stelco and ruled on secondary picketing at the plaintiff's premises. The case also addressed procedural matters related to an interim injunction.
Canadian Pacific Ltd. v. Weatherbee et al. Canadian Pacific Ltd. v. Pullman et al.
1979 CanLII 1727 (ON SC) · 1979-08-10Secondary Picketing and Labour Dispute: Injunctions Under Judicature Act
A case involving secondary picketing by employees of a subsidiary on strike at the premises of a parent company. The court addressed whether such picketing constitutes a 'labour dispute' under section 20 of the Judicature Act and held that it may fall within the definition, while also determining that the provincial legislation was not ultra vires.
Neumann and Young Ltd. v. O'Rourke et al.
1974 CanLII 850 (ON SC) · 1974-10-15Labour Dispute: Secondary Picketing at Public Warehouse
A labour dispute case involving members of a labour union engaged in secondary picketing at a public warehouse storing goods of a struck company. The court examined whether the picketing constituted a 'labour dispute' under the Judicature Act and whether the premises of the warehouse could be considered a 'place of business' of the struck company.
Al Sugar Contracting & Excavating Ltd. v. Collver et al.
1974 CanLII 766 (ON SC) · 1974-09-24Secondary Picketing Unlawful: Injunction Granted Against Union Picketing Construction Site
A case involving secondary picketing by a union certified as the bargaining agent for carpenters, where the union picketed a construction site to pressure the owner-lessee into a collective agreement. The court determined the picketing was unlawful secondary picketing as there was no direct labour dispute between the union and the applicant. The picketing also disrupted workplace operations and safety, leading to an interim injunction being granted against the union.
Dominion Auto Transit Co. Ltd. v. Cowle et al.
1974 CanLII 701 (ON SC) · 1974-08-15Labour Dispute: Secondary Picketing and Interim Injunction Granted
A merits decision involving a labour dispute over secondary picketing, where employees of one company picketed a third-party company's premises without any direct relationship or bargaining dispute. The court examined whether the plaintiff was entitled to relief for unlawful interference with its operations and interpreted the meaning of 'labour dispute' under the Judicature Act. The court granted an interim injunction due to irreparable harm caused by the picketing.
Commonwealth Holiday Inns of Canada Ltd. v. Sundy et al.
1974 CanLII 587 (ON SC) · 1974-02-21Labour Dispute: Secondary Picketing Found Lawful Under Judicature Act
A labour dispute case involving secondary picketing by a union against motel owners who were deemed landlords to the employer. The court determined that the picketing was directly connected to the labour dispute and lawful under the Judicature Act, dismissing the application to restrain the picketing.
Inglis Ltd. v. Rao et al.
1974 CanLII 579 (ON SC) · 1974-02-14Labour Dispute: Picketing at Employer's Plant and Injunction Restrictions
A labour dispute case involving picketing at one of an employer's plants by a union striking at another plant. The court addressed whether such picketing constitutes secondary picketing and whether an injunction to restrain picketing can be granted ex parte under the Judicature Act.
Domtar Chemicals Ltd. v. Leddy et al. (No. 2)
1973 CanLII 405 (ON SC) · 1973-07-31Secondary Picketing Injunction: Labour Dispute at Unrelated Salt Plant
A labour and employment case involving secondary picketing by striking employees from a salt mine at a separate salt plant owned by the same employer, where there was no labour dispute at the salt plant. The court considered whether such picketing constitutes secondary picketing and whether an injunction could be granted to restrain it, ultimately granting an injunction due to irreparable harm to the unaffected entity.
Domtar Chemicals Ltd. v. Leddy et al.
1973 CanLII 508 (ON SC) · 1973-07-06Labour Dispute: Picketing at Salt Plant and Ex Parte Injunction Dismissed
A labour dispute involving striking Salt Mine workers picketing the Salt Plant owned by the same employer. The court determined that the picketing was not secondary and dismissed an application for an ex parte injunction due to lack of notice under the Judicature Act.
Nadrofsky Steel Erecting Ltd. v. Doyle et al.
1973 CanLII 386 (ON SC) · 1973-05-18Labour and Employment: Picketing and Injunction Denial in Construction Dispute
A case involving peaceful picketing by union representatives at a construction site and whether it constituted secondary picketing or communication of information. The court denied an interlocutory injunction sought by a subcontractor to restrain the picketing, finding the circumstances did not meet the strict requirements for granting such relief.
CTV Television Network Ltd. v. Kostenuk et al.
1972 CanLII 665 (ON SC) · 1972-04-13Secondary Picketing and Ex Parte Injunctions in Labour Dispute
A labour and employment case addressing the legality of secondary picketing and the use of ex parte injunctions in the context of a labour dispute. The court considered whether secondary picketing is unlawful under Ontario law and whether a Local Judge may grant or rescind an ex parte injunction in the absence of a High Court Judge.
Darrigo's Grape Juice Ltd. v. Masterson
1971 CanLII 480 (ON SC) · 1971-10-06Secondary Picketing Injunction: Illegal Workplace Employment Practices
A case involving secondary picketing at a retail premises, where the defendant picketed to discourage the purchase of goods from a California producer with objectionable employment practices. The court ruled that secondary picketing is illegal under Ontario law and granted injunctions to restrain such conduct.
Lescar Construction Co. Ltd. v. Wigman
1969 CanLII 383 (ON SC) · 1969-06-19Labour 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.
Toronto Harbour Commissioners v. Sninsky et al.
1967 CanLII 326 (ON SC) · 1967-08-11Secondary Picketing Injunction: Labour Relations Case in Ontario
An interlocutory injunction was granted to restrain secondary picketing at marine terminals, which was deemed unlawful regardless of the peaceful nature of the picketing or the legality of the underlying strike. The case also involves statutory interpretation regarding the authority of the Toronto Harbour Commissioners to seek such an injunction.
Heather Hill Appliances Ltd. et al. v. McCormack et al.
1965 CanLII 330 (ON SC) · 1965-07-15Secondary Picketing Unlawful: Injunction Granted to Prevent Business Harm
A case involving secondary picketing where the court ruled that such picketing is per se unlawful in the absence of a direct dispute, even if it is peaceful. The court also granted an injunction to restrain secondary picketing that caused irreparable harm to a business.
Hersees of Woodstock Ltd. v. Goldstein et al.
1962 CanLII 175 (ON SC) · 1962-10-23Secondary Picketing Case: Union Activities Not Enjoinable
A case involving secondary picketing by a union outside a retailer's premises, where the union was promoting union-made goods and engaging in peaceful communication. The court ruled that the picketing did not constitute actionable nuisance or unlawful interference, and the interim injunction against the union was dissolved.