Unlawful strike

Court asked to clarify jurisdiction on claim for employees with no collective agreement
|Canadian Employment Law Today

On June 7, 1999, following the approval of a decertification application before the Ontario Labour Relations Board, the CAW-Canada was displaced as the union representing employees at the Hamilton, Ont., plant of SERCA Foodservices Inc. As a result of this, by operation of law, the collective agreement between SERCA Foodservices (Hamilton) and the employees was terminated.

The Association of Employees of SERCA Foodservices (Hamilton) was certified on Aug. 11, 1999, as the employees’ new trade union. The association commenced negotiations with SERCA for a new collective agreement.

On Sept. 13 and 14, 1999, there was an unlawful strike at the Hamilton SERCA plant. As a result of the unlawful strike, Craig Roberts and Robert Lamothe were terminated for cause on the basis that they had engaged in conduct designed to provoke an unlawful strike.