Given the serious consequences of employers’ actions during a strike, employers should seek legal counsel and assistance before a new collective agreement is to be negotiated. If a lockout or strike is on the horizon, employers should seek legal assistance in training management and staff in strike preparedness and contingency planning. The employer’s management team should meet with legal counsel before the strike/lock-out deadline to tailor a strategy for continuing operations during the strike. Preliminary considerations include, but are not limited to, the following issues:
- Whether or not to operate during strike action
- Security of the workplace and employees who cross the picket line
- Police assistance and liaison
- Communications with employees, union, clients, suppliers, media, and public
- Employee benefits
- Employee discipline for picket-line activity
- Injunctions
- Dealing with illegal strikes