Information for OPSEU Members during Job Actions by Sister Unions

Members have asked questions about their rights and obligations during a possible job action at their workplace by members of a sister union, such as ETFO or OSSTF. A job action could include an information campaign, a work to rule campaign, a temporary withdrawal of services, a strike or a lockout. Members should be aware that their employment rights and obligations under the collective agreement do not change during a job action by a sister union. Until their bargaining units are in a lawful strike position, members are required by the collective agreement to report for work and complete their duties as usual. In some cases, job actions by sister unions will result in school closures, or partial closures. If employers elect to close schools, members will be advised, and they will retain their rights to wages and benefits under their collective agreements. If members are not advised that a school is closed, they are required by the collective agreement to attend the workplace as scheduled.

Job actions that do not result in a school closures may raise particular issues or questions:
Picket lines may be established by sister unions to convey information to persons doing business with employers and the public. Members should respect picketers and listen carefully to any information that is available. Outside of working hours, members may join picket lines or engage in other activities in solidarity with sister unions. Access to employer property may become difficult or impossible during a job action. Delays often occur at picket lines. If members feel they may be unable to safely cross a picket line to attend work, they should leave the area and immediately contact a supervisor for instructions. Members should remain ready and available for work. Employers may assign work duties that are normally performed by members of sister unions. Members should tell their supervisors that they object to performing the work of another bargaining unit, and should raise any concerns they may have with the specific work assignment. Members may request that the employer reconsider and change the assignment. However, the obey now, grieve later rule requires members to follow employer instructions or face potential discipline for insubordination. The rule may not apply to activities outside of working hours or instructions that are unsafe.

Work procedures or deadlines may be affected by a job action. For example, it may be impossible to complete tasks on schedule or priorities may change if tasks are not completed by other employees or necessary information is not available. Members should contact their supervisors with any concerns about procedures or deadlines and should request clear direction wherever necessary. A withdrawal of services in concert prior to a lawful strike date could constitute a violation of the collective agreement and the Labour Relations Act. Unlike teachers, members may not have voluntary or extra-curricular activities outside of working hours that they may choose to discontinue. Health and safety requirements must be respected during any work stoppage. Members should be vigilant to ensure their safety is protected. Changes in the workplace during a job action may change health and safety risks. These should be carefully assessed and discussed as necessary with the local and the employer. The grievance and arbitration process remains in effect and is the primary protection for members who find themselves in a dispute with the employer over directions, collective agreement entitlements, or discipline. Record-keeping can be critical to any disciplinary process or grievance proceeding. Members should keep notes of any work assignments or discussions with supervisors regarding picket lines or job actions. Any concerns should be shared with the local on an ongoing basis. Other concerns may arise that affect members personal well-being. A job action can be an extremely stressful time. The workplace climate, relationships, and expectations may all be affected. Members should recognize this possible impact, and should seek information and support as necessary, such as from an EAP provider, personal counsellor or doctor. Further advice may be necessary. This is a brief summary of possible issues. Members should contact their local OPSEU union steward and OPSEU staff representative for further advice if required.

Please visit the OPSEU website and OPSEU Boards of Education Workers Facebook page for updates.