Reference no: EM133181844
Coastal Forest Products' employees operate under the Local 423, and when the company was having work done, they contracted out the work to non-union workers. There was an understanding that the company would be using unionized contract workers because they did not there end up being multiple work refusals from the unionized employees. They refused to work while the non-union contract workers were on site.
The issue in this case is the fact that in their (Local 423) and the organizations collective agreement there is a provision stating basically that there cannot be any type of work stoppage until a grievance, and arbitration procedure has been done. Even though that language is in the collective agreement, because of the unions understanding that the company would contract out work to unionized workers, many members including the local union president engaged in some sort of work stoppage.
A caselaw example of a similar situation would be:
1866-077-U Bowater Canadian Forest Products Inc., Applicant v. United Steel Workers of America, Local 1-2693
In this case there were multiple employees who engaged in an unlawful strike, union members and officials are authorizing the unlawful work-stoppage and/or engaging in activity that may entice other employees to engage in the unlawful strike.
This case is relevant to the Coastal Forest Products case because Murray Irving who is the local union president decided to leave his workstation when the contractor arrived and went to lunchroom to engage in a "personal protest". I believe that because of his actions another group of unionized employees decided to also stop working. When the union official "unofficially" decided that he wasn't going to work because of his understanding that the employer would be hiring a unionized contractor he made it seem as though it was okay to engage in this strike. Also, along with the union president, Wayne Best the vice-president also stopped working and joined the other employees, these actions from the union officials have an enticing impact on the other employees.
Question: PREVENTATIVE MEASURES SO THAT THIS WILL NOT HAPPEN AGAIN
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