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ARTICLE · 02 SEPTEMBER 2022

Class Actions And Illegal Strikes: A Union's Duty To End Illegal Strikes

McCarthy Tétrault
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Does a union's failure to react to an illegal strike by its members give rise to a class action against it?

CanadaEmployment and HR
McCarthy Tétrault Employer Advisor
McCarthy Tétrault Employer Advisor
Loïc Turner
Loïc Turner
Caroline-Ariane Bernier
Caroline-Ariane Bernier
Author LinkedIn connections

Does a union's failure to react to an illegal strike by its members give rise to a class action against it? In a recent decision of the Court of Appeal on July 13, 2022, the Court of Appeal confirms that, in the event of passiveness, a union can indeed be held liable for damages resulting from its non-reactivity, including with respect to employers who were deprived of work performance and with respect to workers who wanted to execute their work but were prevented from doing so because of the strike1.

Facts

This matter dates back to October 2011, following the introduction in the National Assembly of Bill 33, an Act to eliminate union placement and improve the operation of the construction industry. Following the introduction of the bill, the Fédération des travailleurs et travailleuses du Québec- Construction ("FTQ" or the "appellant") immediately launched a campaign to inform its members about the impact of the bill on their working conditions. The FTQ and

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