Question
labour relations at Metro Halifax Industries Limited (MHIL) have been strained ever since the Manufacturing Union of Nova Scotia (MUNS) was certified 6 years ago.
labour relations at Metro Halifax Industries Limited (MHIL) have been strained ever since the Manufacturing Union of Nova Scotia (MUNS) was certified 6 years ago. The most recent collective agreement between the employer and union expired on February 1, 2023. Three weeks earlier, on January 13, 2023, MUNS members left work half way though their shift to protest proposed changes to the Trade Union Act. In addition, MUNS members have been engaging in a work slowdown since early November (although this was not authorized by the union).
The parties completed conciliation and the conciliator's report was filed on March 7, 2023. Members of MUNS engaged in a one day strike on March 10 but then returned to work until March 28. On March 24, the union gave notice that they were going out on strike on March 28 (in the words of the local union president, "we need to give 96 hours notice before we can strike"). On March 28, the workers went out on strike again and have not returned to work. A few members of MUNS have crossed the picket line and are continuing to work. In addition, the employer (MHIL) has run ads in the local paper advertising for replacement workers; to date, about 15 outside workers have been hired and are currently working for MHIL. Workers crossing the picket line have been subjected to considerable verbal and physical abuse by the strikers who argue that MHIL is required by law to shut down in the event of a strike. David McDavid, President and CEO of MHIL, told striking workers to be on the job tomorrow or she would fire the whole lot of them.
Presently, about 60 workers are picketing at the main entrance to the plant and a small number of picketers have been picketing in the employer's parking lot. There have been a number of fights between the strikers and those labourers choosing to work. In addition, the strikers have tried to prevent clerical staff, managers and customers from going into the plant. It just so happens that there is a pedestrian crosswalk almost right in front of the main plant gate; picketers have taken to walking slowly across the crosswalk on a continual basis, thus tying up the traffic. Union officials have responded to complaints from the public by arguing that MUNS members are guaranteed freedom of speech under the Charter of Rights and have as much right as anybody else to use the crosswalk. Furthermore, MUNS has taken out advertisements in the local newspaper asking the public to boycott MHIL products and members of MUNS have been picketing customers and suppliers of MHIL.
The picketers are trying to prevent delivery trucks from entering onto MHIL property and one union trucking firm has said something about its drivers not having to cross the picket line. However, a nonunion delivery firm has told its employees that they must cross the picket line and make the necessary deliveries.
You have been hired as a consultant to the N.S. Labour Board to examine the situation and file a report. Be sure to identify the various issues present in the case, discuss whether the actions are legal or illegal, provide your recommendations to end the dispute, and include the reasoning in support of your discussion.
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Issues in the Case 1 Strike and Picketing MUNS engaged in a strike and picketing activity which is legal if following proper procedures However potent...Get Instant Access to Expert-Tailored Solutions
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