Strike — Ontario Employment Law
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About Strike
In Ontario employment and labour law, a "strike" is a highly regulated, concerted work stoppage by employees. Its primary purpose is to restrict or limit an employer's output to exert economic pressure during collective bargaining. It is critical to understand that under Ontario law, the right to strike is exclusively reserved for unionized employees in a certified bargaining unit.
For a strike to be legally protected under the Ontario Labour Relations Act, 1995 (LRA), several strict statutory milestones must be met. A lawful strike cannot occur while a collective agreement is still in force. Once the agreement expires, the parties must attempt to negotiate a renewal. If they reach an impasse, they must engage a government-appointed conciliation officer. If conciliation fails, the Ministry of Labour issues a formal notice (commonly called a "no-board" report). A union can only commence a lawful strike 17 days after this report is mailed, and only if a majority of the bargaining unit has voted in favour of a strike.
Work stoppages that do not follow this process—such as walking out mid-contract—are considered illegal "wildcat strikes." Participating in an illegal strike can expose unions to severe financial penalties and employees to outright termination. Furthermore, non-unionized workers who collectively walk out in protest are not legally "striking" under the LRA; rather, under common law and the Employment Standards Act (ESA), they are generally risking termination for job abandonment or breach of contract.
While the LRA protects unionized workers from being disciplined merely for participating in a lawful strike, employers have the right to continue operations using management or temporary replacement workers in most sectors. If strike actions escalate into property damage, criminal obstruction, or intimidation, employers often turn to the courts for an interlocutory injunction to restrict associated activities (a separate legal concept dealt with under our "picketing" resources). Because the boundaries of lawful strike action rely heavily on strict timelines and nuanced labour legislation, both unions and employers must secure experienced legal counsel when navigating a potential work stoppage.
Frequently Asked Questions
Can I go on strike if I am not part of a union?
No. In Ontario, a legally protected strike is a mechanism exclusive to unionized environments governed by the Labour Relations Act. If non-unionized employees collectively walk off the job to protest working conditions, an employer can legally treat this as job abandonment or resignation, potentially culminating in termination.
What makes a strike lawful in Ontario?
A lawful strike requires an expired collective agreement, a failed conciliation process, the issuance of a "no-board" report from the Ministry of Labour, a mandatory 17-day cooling-off period, and a successful strike vote by the union members.
Can my employer fire me for participating in a lawful strike?
No. Under the Labour Relations Act, you cannot be terminated, disciplined, or otherwise penalized by your employer simply for participating in a lawful strike. However, you can still face discipline if you engage in illegal conduct, such as violence or property damage, during the dispute.
Do I still get paid my regular wages while on strike?
No. When you are on strike, you are withholding your labour, and your employer is not legally required to pay your wages or maintain your benefits. Instead, union members typically receive "strike pay" directly from their union's strike fund.
What is a wildcat strike?
A wildcat strike is a spontaneous, illegal work stoppage initiated by unionized employees without their union's official authorization or while an active collective agreement is still in place. Participants in a wildcat strike do not have the same statutory protections against discipline or termination.
When should our organization bring in a labour lawyer during a strike?
Employers should consult legal representation if bargaining has broken down and a "no-board" report is imminent, or if striking workers engage in blockades or vandalism that may warrant an emergency court injunction to ensure workplace safety.
Common Scenarios
- A group of unionized factory workers reach a stalemate in collective bargaining. After completing conciliation, waiting the mandatory 17 days following a "no-board" report, and holding a vote, they legally withdraw their labour to push for better wages without the fear of being fired.
- Several non-unionized restaurant servers walk out in the middle of a busy Friday night shift to protest a new manager's policies. Because they are not bound by a collective agreement and the LRA does not protect them, the owner terminates their employment for job abandonment.
- During an otherwise lawful strike at a logistics depot, tensions boil over and some employees begin slashing the tires of delivery trucks. The employer immediately petitions the court for an interlocutory injunction to prevent property damage and ensure safe access to the premises.
What You Should Know
- If you are a non-unionized worker concerned about an unsafe workplace, do not attempt to "strike." Instead, follow the formal work refusal process outlined under Ontario's Occupational Health and Safety Act (OHSA).
- Union leadership must scrutinize the calendar; initiating a work stoppage even one day before the 17-day post-no-board waiting period expires can render the entire strike illegal.
- Employers facing aggressive behavior on the strike line should meticulously document incidents with video and written logs, as courts require clear evidence of tortious or criminal conduct before granting an injunction.
- Because the financial and operational stakes of a strike are immense, organizations and unions should always proactively consult a specialized labour relations lawyer rather than waiting until negotiations collapse.
Featured Cases
Cancoil Thermal Corp. v. Abbott
2004 CanLII 2565 (ON SC) · 2004-05-10Picketing Injunction Denied: Freedom of Expression
An employer sought an interlocutory injunction to restrain picketing activities during a lawful strike, alleging civil nuisance and criminal obstruction. The court denied the injunction, emphasizing the constitutional protection of picketing as freedom of expression and finding no evidence of tortious or criminal conduct.
Re Grey-Owen Sound Health Unit and Ontario Nurses Association
1978 CanLII 1464 (ON SC) · 1978-03-03Arbitration Jurisdiction: Compulsory Arbitration & Strike Waiver
This is a judicial review or appeal concerning the jurisdiction of a board of arbitration established under section 34c of the Labour Relations Act. The central issue is whether the board had the authority to impose compulsory arbitration as a term of the collective agreement, thereby preventing strikes or lockouts, and whether the parties validly waived their statutory rights to strike or lockout by voluntarily agreeing to such arbitration.
Bulk-Lift Systems Ltd. v. Warehousemen and Miscellaneous Drivers' Union Local 419 et al.
1975 CanLII 366 (ON SC) · 1975-10-13Injunction Against Picketing During Strike
An employer sought an injunction against a union's picketing activities during a lawful strike after striking employees engaged in vandalism, threats, and assaults. The court issued an injunction to prohibit picketing at customer premises and limit picketing at the employer's premises to ensure safety and prevent further harm.
Commonwealth Holiday Inns of Canada Ltd. v. Sundy et al.
1974 CanLII 587 (ON SC) · 1974-02-21Secondary Picketing: Injunction Dismissed in Labour Dispute
This is an interlocutory proceeding regarding an application for an injunction to restrain union picketing. The court found that the picketing was directly connected to a lawful labour dispute between the union and the employer, leading to the dismissal of the motel owner's application.
Refrigeration Supplies Co. Ltd. v. Ellis et al.
1970 CanLII 292 (ON SC) · 1970-05-11Picketing at Subsidiary Premises: Primary vs Secondary
This is an interlocutory proceeding concerning an application for an injunction to restrain picketing at the premises of a subsidiary company during a lawful strike at a manufacturing subsidiary. The court determined that the picketing constituted lawful primary picketing rather than secondary picketing, applying principles from Williams v. Aristocratic Restaurants and Martin & Robertson Ltd., and consequently denied the injunction.
Hanes of Canada Ltd. v. McConnell et al.
1969 CanLII 320 (ON SC) · 1969-06-16Labour Relations: Injunction to Limit Picketing
This is an interlocutory proceeding where an employer sought an injunction to limit the number of pickets at its premises during a strike to prevent intimidation and maintain peaceful picketing. The court considered whether the presence of a union trailer near the main entrance contributed to an atmosphere of intimidation justifying restrictions on picketing activities.
Canadian H.W. Gossard Co. Ltd. v. Tripp et al.
1967 CanLII 213 (ON SC) · 1967-11-14Interlocutory Injunction in Legal Strike Picketing
This is an interlocutory proceeding where an employer sought an injunction to restrain unlawful picketing during a legal strike. The court addressed the admissibility of affidavit evidence regarding improper conduct on the picket line and declined to impose a numerical limit on the number of pickets due to enforcement issues.