Duhaime's Law Dictionary


Strike Definition:

A common stopping of work by a group of employees.

Related Terms: Union, Collective Bargaining, Boycott

strike imageA term of employment and labour law frequently defined in statute to include not just a cessation of work or a refusal to work by a group of employees acting under a common understanding to compel an employer to certain terms, but also, as shown in the example of the Canada Labour Code:

"Strike includes a cessation of work or a refusal to work or to continue to work by employees, in combination, in concert or in accordance with a common understanding, and a slowdown of work or other concerted activity on the part of employees in relation to their work that is designed to restrict or limit output."

In IABSOI, the tribunal wrote:

"... the concept of a strike includes the rotating or intermittent strike; the work to rule campaign; and the concerted refusal of overtime."

REFERENCES:

  • British Columbia Terminal Elevator Operators' Assn. v. Grain Workers' Union Local 333, published at 94 CLLC 16,060; at 23 CLRBR 2d 286 and at 1994 CarswellNat 1678
  • Canada Labour Code R.S.C. 1985, c. L-2, §3(1)
  • IABSOI Local 805 v. 316291 Alberta Ltd. 44 CLRBR 2d 1 (1998)

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