Labor & Employment Law

Suing Union Members for Crossing the Picket Line

By Michael Fitzgibbon

The Ontario Court of Justice was called upon in the test case of Birch v. Union of Taxation Employees, Local 70030 to consider whether the court should enforce the fines levied by the trade union against its members for breaching its constitution by crossing a picket line to work during a legal strike?

Ultimately the Court concluded that:

1. the fines imposed by the Union on the Applicants pursuant to its constitution amounted to a penalty imposed under a contract for the purposes of deterring members of the Union from crossing the picket line.
2. the fines imposed did not amount to a reasonable pre-estimate of damages to be incurred in the event of a breach of the Union?s constitution by crossing the picket line.
3. the imposition of a fine and penalty equal to the gross income earned by any employee was unconscionable in the circumstances, making the penalty unenforceable even if equitable principles were applied.
4. the authority to levy fines in the Union?s constitution and the authority to collect the fines imposed in the courts was not authorized by statute.
5. the imposition of a fine on Union members as discipline for crossing a picket line constituted the imposition of a penalty and not the happening of an event.

The Court dismissed the Union's claim against the applicants.  This may not be the last word on this subject.

Full post as published by Thoughts from a Management Lawyer on November 24, 2007 (boomark / email).