What are the legal conditions for a strike action?
1. The collective agreement must have expired;
2. A Conciliation Officer must have been appointed and a “no board” report issued; and
3. A strike vote must have been held, with a majority of those voting in favour.
In our case:
• YUFA’s collective agreement expired on April 30, 2021.
• YUFA filed for conciliation on February 4, 2021 (after eight months of negotiations).
• The two bargaining teams have agreed to seek assistance from a third-party mediator.
• On February 3, 2022, the YUFA membership overwhelmingly passed a motion calling for the YUFA Executive Committee to conduct a vote authorizing possible job action if satisfactory settlement cannot be reached.
• On February 16, 2022 the YUFA Executive Committee overwhelmingly voted to conduct a strike vote.
• Unless a tentative agreement is reached beforehand, a strike vote will take place between February 22-28, 2022. If more than 50% of those voting are in favour, YUFA will have met all the legal conditions for strike action.
• On February 28, 2022 YUFA members voted in favour of a strike vote.
• On March 1, 2022, after meeting with a third-party mediator on February 28, YUFA requested a no board report from the conciliator.
YUFA will have met all the legal conditions for strike action. The no board report triggers a 17-day waiting period before the union and the Employer are in legal strike/lockout position.