Agreement On Picketing

Currently, parties can set trap rules that govern behaviour during a particular strike or lockout. In the absence of rules to trap, the negotiating board or the commissioner of the CCMA must either try to reach an agreement on the rules of trapping or impose rules to trap, but only if a party asks him to do so. It is rare for employers to have the opportunity to go to the CCMA to get agreement on the collection rules before a union and its members go on strike. Section 8, point b) (7) of the Act makes it illegal for a labour organization or its agents to “peck or anchor to be picked or threaten, any employer, where such an object obliges or obliges an employer to recognize or negotiate a work organization as a representative of its workers, or where it requires or obliges workers of an employer to accept or select such a work organization as their representative, unless that labour organization is currently certified as a representative of those workers: (A) if the employer has legally recognized another labour organization and an alternative question cannot be asked appropriately in accordance with Section 9 (c); (B) if, in the previous twelve months, a valid choice has been made in accordance with Section 9, Point c); or (C) if this commission was carried out within a reasonable period of no more than 30 days from the date of the start date of this commission without making an application under Section 9, point (c), provided that the Board, if such a petition has been filed, immediately proceeds to an election within a unit, regardless of the provisions of Section 9, (c) 1, or the absence of substantial interest on the part of the work organization, in the manner in which the Board of Directors deems it appropriate to direct them and certify their results: provided that this paragraph, paragraph C, should not be construed as prohibiting any picketing or other advertising for the purpose of truthful consultation with the public (including consumers) that an employer is not member of the work organization or has a contract with a labour organisation unless a worker such a pickup has the effect of inducing a person employed by another person in the course of his or her employment not to recover, deliver or transport goods or provide services. Nothing in this paragraph (7) should be construed to allow an act that would otherwise constitute an unfair labour practice within the meaning of this section 8, point b). Exceptionally, the commission may also be conducted at other sites, with the permission of the Board of Directors, when an employer attempts to perform “strike work” at these other sites. In other words, if you move the work usually done by striking or lockout employees to another location to continue service or production during the strike/lock-out, that location may be subject to Picketing. As a general rule, striking or lockout workers are only entitled to picket lines if they normally do the work, which is an integral and essential part of the employer`s business and is under the control and management of the employer.

Author: daniele130