The Employers FAQs Page
Can employees who are a part of a bargaining unit that is taking job action still come to work?
It is legal to cross the picket line and continue to work during job action. If an employee is interested in crossing the picket line to continue working, their People Leader or HR SBA will assist the employee in arranging for their safety and security, and access to continue work will be supported.
The Union’s Response
The union has addressed this on our Question of the day in December and decided to post the answer to your question again. What can the Union do to me if I cross the picket line and work?
What can the union do to me if I decide to cross the picket line and work?
In the CUPE (Canadian Union of Public Employees) Constitution which CUPE 1975 adheres to the articles below will be put into place:
A member who does any of these acts is guilty of an offence against this Constitution. (There are 14 offences listed) The one we would be concerned with is Offence (L).
“Fails to respect the Local Union’s picket line, works for the employer during a legal strike or labour dispute or engages in any strike-breaking activity”.
If an accused is found guilty of crossing the picket line, the Trial Committee will decide any penalty and what, if anything, the accused must do or not do. The decision may include and is listed in Article B.11.1 (g)
- A reprimand
- A fine
- A suspension or expulsion from membership
- A ban against holding membership or office
- An order to stop doing the act or acts complained of
- An order to correct the act or acts complained of
- Any other order that the Trial Committee finds appropriate
If a member is in violation of section B.11.1 (Failing to respect a picket line), the trial process is as follows:
- Making a complaint A member in good standing can charge a member within 90 days after the accuser became aware of the offense. Within 5 days, the recording secretary will offer the accused and the accuser a voluntary mediation process.
- Selecting a Trial Panel and trial committee In at least 10 days, but not more than 120 days, the Local will select a trial panel of 11 members in good standing and select a trial committee. The accused and the accuser are each allowed to object to no more than 3 members of the trial committee.
- Trial Committee Within 60 days of being selected, the trial committee will hold a private hearing and give at least 14 days written notice. The accused and the accuser will be able to bring witnesses and cross examine witnesses on the opposing side. The committee will decide whether the accused is guilty or not by secret ballot.
- Appeal The accused has 60 days to appeal the decision.