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ARTICLE · 23 MAY 2017

CIRB Reaffirms Principles On Essential Services And Employees

McLennan Ross LLP
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The Canada Industrial Relations Board recently issued a decision reaffirming its position with respect to essential employees and the maintenance of activities in the event of a strike or a lock-out.

CanadaEmployment and HR
Marie-Pier Leduc
Marie-Pier Leduc
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The Canada Industrial Relations Board recently issued a decision reaffirming its position with respect to essential employees and the maintenance of activities in the event of a strike or a lock-out.

The employer in this case argued that if its public transit services were interrupted during weekday peaks hours (6AM-9AM, 2:30 PM-6 PM), the resulting increase in road traffic would create a delayed response for emergency services, thus endangering the safety or the health of the public. The employer also argued that the public would suffer from increased stress and a decrease in air quality.

In its reasons, the Board outlined important principles for employers to remember as they prepare for bargaining and advise the union which of their employees and services are essential:

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