The Union’s Obligations Concerning Strike Votes

TO ALL MEMBERS OF THE IAM & AW
AIR CANADA / AVEOS – TMOS

THE UNION’S OBLIGATIONS CONCERNING STRIKE VOTES

Dear Brothers and Sisters:

What is the difference between a strike vote and a strike mandate?

A strike cannot be held unless all Members in the Bargaining Unit have had the opportunity to vote upon it.

A strike mandate is an unwritten law given to Members on the Bargaining Committee, allowing them to undertake necessary measures during discussions between the parties. It enables them to request a strike vote if need be.

In fact, a strike mandate is considered a message given to the other party informing them that our Members are willing to go on strike if necessary. A Union cannot go on strike without having first duly held a strike vote in accordance with Sections 87.3 of the Canada Labour Code.

Strike Vote – Conditions to go on Strike:

87.3 (1) Unless a lockout not prohibited by this Part has occurred, a trade union may not declare or authorize a strike unless it has, within the previous sixty (60) days, or any longer period that may be agreed to in writing by the trade union and the employer, held a secret ballot vote among the employees in the unit and received the approval of the majority of the employees who voted.

Secret Ballot – Lockout Vote:

87.3 (2) Unless a strike not prohibited by this Part has occurred, an employers’ organization may not declare or cause a lockout unless it has, within the previous sixty (60) days, or any longer period that may be agreed to in writing by the trade union and the employers’ organization, held a secret ballot vote among the employers who are members of the organization and received the approval of the majority of the employers who voted.

Conduct of Vote:

87.3 (3) A vote held under sub-Section (1) or (2) must be conducted in such a manner as to ensure that those employees or employers who are eligible to vote are given a reasonable opportunity to participate in the vote and to be informed of the results.

In Solidarity,

Mike Ambler, General Chairperson
Transportation District 140, IAM & AW

MA:jmm

BULLETIN NO. 23 – ISSUED APRIL 6, 2011

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