The company has put the Union on notice that they believe there is an overtime ban going on in Lines 3-5. The letter is as follows:
Dear Mr. Belmont:
This letter is to advise you that we have substantial evidence to support our position that the Union and workers represented by the Union have actively engaged and continue to engage in an overtime ban in Lines 3 - 5. We do not accept the position that these employees are simply exercising their right under the collective agreement to decline to work overtime and are in fact engaged in strike activity during the term of the collective labour agreement.
Article 2.02 of our collective labour agreement which the Union has agreed to states;
"During the life of this Agreement the Union shall immediately repudiate any strike or any other concerted cessation of work whatsoever by any group or number of employees and shall declare that any picket line set up in connection therewith is illegal and not binding on members of the Union. Such repudiation and declaration shall be communicated to the Company in writing within 24 hours after the cessation of work by the employees or the forming of the picket line respectively."
As it is our belief that the above mentioned overtime ban has been in effect since October 13, 2013. The Union by not repudiating this action is in clear violation of the provisions of Article 2.02 of the Collective Labour Agreement and further it is also a breach of the Labour Relations Code. A concerted exercise of an individual right that has the effect of limiting production or services is a strike under both our Collective Labour Agreement and the Labour Relations Code.
We request that the Union through yourself or delegate comply with your obligations under Article 2.02 of the Collective Labour Agreement and take immediate steps end this overtime ban and advise us in writing that you have done so. If you are not prepared to do this, then we as the Company will have no alternative but to consider other options.
It is our expectation that you will attend to this matter immediately.
Human Resources Director
Once notified by the company the Union is legally obligated to inform the members of our obligation.
The Union cannot condone or promote any form of “strike or concerted cessation of work” so if this is happening in reduction it must stop immediately.
Issued by Unifor Local 2301
October 17, 2013