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Strikebreakers Beware

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Excerpts from Ontario Public Service Employees Union
2004 Constitution
Article 30
30.1.1  After giving reasonable written notice of a membership meeting to all Members of a Local for whom the Local has addresses, such notice to specify the purpose of the meeting and naming the Member(s) who is/are accused, and after all attneding Members (and especially the accused) have had reasonable opportunity to present their views, such local membership meeting may vote by a two-thirds majority to declare that a Member of that Local has engaged in strikebreaking, on more than one occassion, during a given legal strike by the Local.
30.1.2  Where a Local has been placed under trusteeship by reason of the proportion of strikebreakers, the Region's EBMs will determine which of the Local's Members have engaged in strikebreaking.  Such determination will only be made after a notice has been sent to all Members of the Local, identiifying the members under consideration as strikebreakers, and after all Members have had a reasonable opportunity to present their views.  After the matter of strikebreakers has been determined, the trusteeship shall be lifted.
30.2.1  The assessment for damages to the union for strikebreaking shall be an amount equal to 100 per cent of the strikebreaker's wages earned during the strike, to a maximum of $10,000 in consideration of the harm to the union caused by the strikebreaker's action.
30.2.2  The strikebreaker will be suspended from membership, removed from any union office currently held, and the Member's name will be recorded on a central public registry.  These penalties shall remain in effect until the assessment in Art. 30.2.1 has either been paid or collected, if necessary through enforcement in civil court.
30.3  The Member so penalized and/or assessed damages shall have the right to appeal to the Executive Board, which, after hearing all relevant evidence and arguments, shall have the authority to confirm, vary or nullify the penalty and/or forgive or vary the assessed damages, as it may in its discretion decide.  AFter a period of one year from the date of imposition of the assessment set out in ARticle 30.2.1, and the penalty set out in Article 30.2.2, an individual may apply to his/her Local for the penalty to be lifted and/or the assessment forgiven.  The Local may decide to confirm, vary or nullify the penalty and/or forgive or vary the assessed damages at its discretion.
30.4  Any Member who has been designated by statute and/or collective agreement as providing essential or emergency services and who is called to perform such work during a legal strike shall note be subject to any charge, damages or penalty under this Article as long as the Member performs only such essential or emergency duties.
Article 31
31.1  Except where required by law or under an Emergency/Essential Services Agreement, an OPSEU member shall not violate the picket lines and shall not perform the bargaining unit work of other OPSEU member who are on strike or locked out.
OPSEU Local 340 is a non-profit organization committed to serving its members within the Durham Region.  Questions or Comments?  Please contact us.
OPSEU Local 340
110-40 King St W
Oshawa, Ontario L1H 1A4
Phone: (905) 579-2658
Fax:  (905) 579-6619