United Steelworkers Report

To all UWFA members:

As you know, the Brandon University Faculty Association (BUFA) is on strike. Some UWFA members have asked whether certain actions of theirs would constitute crossing BUFA piclet lines. Examples include on-line teaching of Campus Manitoba courses (which make use of centres on the BU campus) and attending a sports tounament at BU in the capacity of a UW team coach. BUFA has informed us that both of these activities would constitute crossing their picket line, whether online or in-person.

UWFA members should know that they cannot be disciplined for refusing to cross a picket line, but by the same token, they also don’t have to be paid for work that they haven’t performed as a consequence. If you have a question about whether a specific action of yours might constitute crossing the BUFA picket line, please contact Lisa McGifford, UWFA’s Staff Officer.

The relevant sections of the Manitoba Labour Act are reproduced below.

<<Effect of refusal to facilitate struck employer

15(1) An employee who is in a unit of employees of an employer in respect of which there is a collective agreement in force and who refuses to perform work which would directly facilitate the operation or business of another employer whose employees within Canada are locked out or on a legal strike is not by reason of that refusal in breach of the collective agreement or of any term or condition of his employment and is not, by reason of that refusal, subject to any disciplinary action by the employer or the bargaining agent that is a party to the collective agreement.

Where disciplinary action is unfair labour practice

15(2) Every employer, every person acting on behalf of an employer, every bargaining agent and every person acting on behalf of a bargaining agent who imposes or seeks to impose any disciplinary action on an employee who, in the circumstances described in subsection (1), refuses to perform work of the type described in subsection (1) commits an unfair labour practice.

Referral to board

15(3) Where a dispute arises between an employer and his employee as to whether work that an employee refuses to perform would directly facilitate the operations or business of another employer whose employees are lawfully on strike or locked out, and the dispute is not resolved, either the employer or the employee may refer the dispute to the board and its decision thereon is binding on all persons affected thereby.

Referral by minister

15(4) Where, in the opinion of the minister, it would be advisable to determine whether work that an employee refuses or threatens to refuse to perform would directly facilitate the operations or business of another employer whose employees are lawfully on strike or locked out, the minister may refer the question to the board and its decision thereon is binding on all persons affected thereby.

Saving clause as to wages

15(5) Nothing in this section requires an employer to pay wages to an employee for any period during which the employee refuses to perform the work for which he is employed. >>