To: All TEAM Members
From: TEAM Office
Date: September 12, 2011
Re: IBEW Rejects Tentative Agreement – What Happens Now?
We have received a number of enquiries from TEAM members arising out of the IBEW vote to reject the tentative agreement. The “no” vote gave IBEW a mandate for job action including strike.
IBEW and MTS now enter a 21-day cooling off period (September 12th to October 3rd). IBEW has indicated its willingness to continue negotiations in the hope of reaching an agreement. After the cooling off period, the parties are in a strike/lockout position. We expect that the Company will be developing a contingency plan and may approach you to perform IBEW work.
During the 1999 labour disruptions, many of our members reported being asked if they would do the work of the locked out employees. While such a question in itself is not necessarily a violation of the Canada Labour Code, intimidating, coercing or threatening reprisals for refusal is. Click here to read members’ experiences of being asked to do another bargaining unit’s work.
The Canada Labour Code Section 94.3(c) states clearly that no employer shall:
(c) suspend, discharge or impose any financial or other penalty on an employee, or take any other disciplinary action against an employee, by reason of their refusal to perform all or some of the duties and responsibilities of another employee who is participating in a strike or subject to a lockout that is not prohibited by this Part;
Should you feel that you are being intimidated or coerced into agreeing to perform IBEW bargaining unit work, please document the discussion and call TEAM’s Labour Relations Officer, Tom Milroy at 984-9473 or email email@example.com.
We will update you as information becomes available.