Understanding Strike Notice: What It Means Once One Is Issued
Dear Members,
As bargaining continues, we want members to understand what it means now that your Bargaining Committee has issued a Strike Notice.
A Strike Notice is a serious legal step, but it is not the same as commencing a strike. Issuing notice would place the Union in a position to begin lawful strike action on the date identified in the notice, provided all requirements of the Canada Labour Code have been satisfied.
WestJet Component 8125 has issued a Strike Notice that would commence a legal Strike at 00:01 MT on August 2nd.
What is a Strike Notice?
Section 87.2 of the Canada Labour Code requires a Union to provide the Employer and the Minister of Labour with at least 72 hours’ written notice before commencing a strike. The notice must identify the date on which the strike will occur.
The Employer is subject to a similar requirement before it may commence a Lockout.
Issuing a Strike Notice would not mean that members immediately stop working. Unless and until strike action actually begins, members must continue reporting for work and following all lawful instructions, unless the Union advises otherwise.
Does issuing strike notice guarantee there will be a strike?
No.
A Strike Notice would create the legal ability to commence strike action on the date identified in the notice (August 2nd). It would not prevent the parties from continuing to negotiate or reaching a settlement before that date.
A Tentative Agreement could still be reached during the notice period. The Union could also determine that strike action should not begin if circumstances at the bargaining table materially change.
However, a Strike Notice should not be viewed as symbolic. It is formal notice that the Union is prepared to commence strike action if a fair settlement is not reached.
Can bargaining continue after a Strike Notice is issued?
Yes.
The obligation to bargain collectively does not end because a Strike Notice has been issued. Bargaining, mediation, and the exchange of proposals may continue throughout the notice period.
The objective remains to reach a fair negotiated settlement. Issuing strike notice would increase pressure at the bargaining table, but it would not replace bargaining.
Can the strike date be changed?
The date cannot simply be moved unilaterally while relying on the original notice.
Under section 87.2(3), if no strike begins on the date identified in the notice, the Union must generally provide a new notice of at least 72 hours before commencing strike action on a later date.
The exception is where the Union and the Employer agree otherwise in writing.
In practical terms, this means that the Union would not be legally required to strike merely because notice was issued. However, if the strike did not commence on the stated date, a new notice would normally be required before strike action could begin later.
What other legal requirements must be met?
A Strike Notice is only one part of the legal process.
Section 89 of the Canada Labour Code provides that a lawful strike cannot be declared or authorized unless the statutory requirements have been met.
These include:
notice to bargain having been given;
the parties having bargained but failed to reach or revise a collective agreement;
the conciliation process having occurred;
the 21-day cooling-off period having expired;
any required maintenance-of-activities process having been completed;
a valid strike vote having been conducted; and
the required strike notice having been provided.
Under section 87.3, a strike vote must generally have been held within the previous 60 days. The Union and the Employer may agree in writing to extend that period.
What could happen after notice is issued?
Several outcomes would remain possible.
A Tentative Agreement is reached
The Union and the Employer may reach a Tentative Agreement before strike action begins.
If that occurs, the Bargaining Committee will communicate what has been agreed to, whether any planned strike action has been suspended or withdrawn, and the process for member ratification.Members should not assume that any announcement, rumor or Employer communication changes their reporting obligations. Clear direction will come directly from the Union.
Bargaining continues
The parties may continue negotiating throughout the notice period.If the strike does not commence on the date stated in the notice, the Union would generally need to issue a new 72-hour notice before beginning strike action later, unless the parties have agreed otherwise in writing.
The Union commences strike action
If a settlement is not reached, the Union may commence lawful strike action on the date identified in the notice. Members would receive clear instructions from the Union regarding when the strike begins and what is expected of them.The Employer issues lockout notice
The Employer may also issue at least 72 hours’ notice of a lockout once the legal requirements under the Canada Labour Code have been satisfied.A lockout is initiated by the Employer.
A strike is initiated by employees through their Union.
If a strike begins, does bargaining end?
No.
Bargaining can continue during a strike or lockout. The parties may continue meeting, exchange proposals, and working with mediators while economic pressure is being applied.
A strike is not the end of negotiations. It is part of the legal bargaining process and is intended to create pressure toward a settlement.
What should members do now?
Continue reporting for work and performing your duties as scheduled up until the Strike Deadline of August 2nd unless the Union gives you different instructions.
Continue monitoring official Union communications and ensure your contact information is current.
Do not rely on rumours, unofficial social-media posts, or speculation about when a strike might begin, whether strike action will proceed, or whether a settlement has been reached. Members should rely only on Official Union Communications for updates and instructions.
Our focus
No decision to issue strike notice should ever be treated lightly.
If the Bargaining Committee determines that notice is necessary, it will be because we believe that step is required to advance members’ priorities and secure a fair collective agreement.
Our objective remains a negotiated settlement. At the same time, meaningful bargaining requires both parties to understand that the Union is prepared to exercise the legal mandate members have provided if a fair agreement cannot be reached.
You will receive clear instructions directly from your Union before any change to your work obligations occurs.
In solidarity,
Your WestJet Mainline Bargaining Committee