Reference no: EM133142783

Big Blue Inn workers successfully certified their union. Negotiations for a first agreement went poorly and dragged on for many months. The parties were in a legal strike/lockout position, having fulfilled all legal pre-conditions to a strike/lockout. CHEU provided strike notice and the workers went on strike. The parties took the following actions during the strike.

• The union set up a picket line at every entrance to the hotel. Picketers would stop every person wishing to enter the hotel to talk with them. If they were a member of the public they would let them enter after a few minutes delay. They refused to let managers pass.
• The employer hired replacement workers to keep the hotel running.
• The union set up a picket line at Quickie Clean Ltd., which had continued to perform laundry services for the hotel. At this picket line they delayed trucks by five minutes each.
• The union began setting up temporary picket lines (called "flying pickets") at McMoney's other businesses. At these lines they handed out information about the strike to passers-by but did not impede anyone's access to those businesses.
• The employer asked the government to order a vote of the employer's last offer.
• When the strike was settled, the employer insisted that it was keeping the replacement workers and was not re-hiring the striking workers, citing decreased business at the hotel.
• Which of these actions are legally permitted? Why or why not?
• For the actions that you determine are not legal, what would the party need to do differently to make that action (or similar action) legal? Why?