Strike while collective agreement in force ― illegal under labour relations statute ― also in breach of collective agreement ― action by employer for damages before ordinary civil court ― exclusive jurisdiction of arbitration board established under collective agreement HEADNOTES Facts This important jurisdictional question stems from a sympathy strike engaged in by paper mill workers during the course of their collective agreement, in support of office employees of the same employer. The office employee unit was represented by the same union that had been certified to represent the mill unit and was involved in a legal strike over the renewal of its own collective agreement. The office employees had set up picket lines at the entrances to the mill. Mill workers' concerted refusal to cross such lines during a few days amounted to a plant shut-down causing considerable daily losses to the employer. The employer subsequently claimed corresponding damages against the union before the court of ordinary civil jurisdiction. He pleaded that the mill employees' strike was in breach of the collective agreement between himself and the defendant union and that it was also in violation of the statute regulating their collective relationship. In the circumstance, this
International Labour Law Reports Online – Brill
Published: Jan 1, 1985
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