Memorandum to [Company] Scaffolders
Cease and Desist Coordinated Overtime Refusals For the last three days scaffolders have refused to work overtime beyond their 10 hour shifts at the [readacted] site and have refused to accept overtime shifts offered for the weekend (Fri-Sun) on both night and day shifts.
We have been patient and given your union an opportunity to convince you that this coordinated refusal constitutes an illegal strike, and that you may face consequences as a result.
Obviously, this has not worked.
The Court/Labour Board Order
Today we appeared in front of the Labour Relations Board. The Board has issued an order finding that scaffolders have threatened a strike (regarding the weekend work and 12 hr. shift requests) and have engaged in a strike or job action by coordinated refusal to work overtime.
The Board is directing all such activity cease and that employees are prohibited from their coordinated efforts to refuse overtime in order to secure incentives.
The Board ruled that refusing to work “voluntary” overtime is an unlawful strike and in violation of the Labour Relations Code when it is done, as here, by a group of employees acting together.
A copy of this order will be circulated today to our locations at [redacted] sites.
The order is also being entered as an order of the court which can impact those who act in defiance of this order. Consequences for employees who refuse to work overtime as a group in violation of this order include:
- Discipline or termination of employment for this conduct. and will be posted on these
- [Company] hiring ban for those who continue to engage in illegal activity.
- Legal action against striking employees for all damages caused by the illegal strike (by grievance or lawsuit). You could be personally liable for added production costs, penalties owing to Owner or, even the loss of the contract with our client.
- Contempt of court proceedings for violation of the order entered by the court (the possibility of fines and even potentially jail)
- We also expect that the Owner will be very upset with striking employees. It is possible that the Owner would consider a site ban for those involved.
We do not want to impose any of the consequences set out above. This memo is intended to cause you to change your behaviour by impressing upon you the seriousness of this matter, including the consequences that you may suffer if the strike continues.