General
Q. What is Job or Labour action?
An action taken by employees or the employer to inconvenience, pressure, or attempt to force the granting of certain demands between the union and the employer during the collective bargaining process. Job action by the union can include strikes, work to rule, sick outs and other tactics. Employers can lock out employees, preventing them from working.
At the CBE, CUPE Local 40 is on strike, and has withdrawn its services at all CBE schools.
Q. When is a strike legal?
A strike is legal once it meets all of these conditions:
- The collective agreement has expired
- The parties have entered into collective bargaining
- The parties have reached an impasse in bargaining
- The parties have worked with a formal mediator
- A 14-day cooling-off period has elapsed following mediation
- A Labour Relations Board supervised strike vote has been held and more than 50 per cent of those voting vote in favour of a strike
- 72-hours’ notice has been issued
If one or more of the above conditions have not been met, the strike is illegal. The current strike at CBE has met all of the above conditions for a legal strike.
Q. Can employees participate in picketing?
Striking employees may participate in peaceful picketing during working hours on public property. Employees who are not on strike may only participate in picketing during non-working hours.
Q. What happens if a striking CUPE Local 40 member attempts to access a CBE school or building?
During labour action, striking CUPE Local 40 members are not permitted to enter CBE buildings for any reason. Staff should report any instances of attempted entry to their supervisor.
Q. What are the expectations of non-CUPE staff during a strike?
All non-CUPE employees are expected to attend work during job action. As job action is not business as usual, staff can expect changes to schedules and workflows in schools.
Q. Can contractors be hired to do the work of striking employees?
Yes. The employer (CBE) may hire contractors to do the work of striking employees.
Q. Can a union impose fines or punish its members for refusing to strike?
CUPE Local 40 members can review CUPE’s constitution to assess if CUPE can issue fines or penalties for working during strikes. CUPE’s decisions under its constitution do not impact their employment with CBE.
School Cleanliness during Labour Action
Q. How is the CBE making sure schools are clean and safe?
CBE is working with a variety of internal staff and external service providers to keep schools clean and safe. These providers are following all Alberta Health Services guidelines and occupational health and safety regulations. All building maintenance and safety protocols remain in place through labour action.
Q. Will schools be cleaned to the same level as prior to labour action?
No. As schools are being cleaned after hours only, students and staff may notice a lower level of cleanliness during the day (e.g. full garbage containers, dirt on floors). We continue to follow all Alberta Health Services guidelines and occupational health and safety regulations, and all building maintenance and safety protocols remain in place. We also have emergency maintenance and cleaning services available when needed.
Q. Will the typical additional cleaning that occurs at schools during spring break still happen?
More cleaning work is typically done over spring break while schools are empty. However, given limited resources, we do not expect schools to be cleaned to the same level as usual over spring break.
Q. Has the CBE hired temporary workers to replace striking workers?
CBE has not hired temporary employees but has engaged external providers to provide cleaning services. CBE supervisory staff who do not belong to the union also continue to work to support schools.
Q. Why do staff and students need to leave the building 45 minutes after the bell time?
To allow adequate time for cleaning after hours, schools must be empty no later than 45 minutes after the end of the school day. After-school activities like staff or parent meetings that would typically occur after the school day should be moved online. Some activities with curriculum or high school credit connections will continue.
Q. How long will after-school activities be limited?
For the duration of the labour action. That duration is not known at this time.
Q. What happens if there is an emergent situation that presents a hazard during the day? E.g. flooding, spills of bodily fluids etc.
There is a process in place to address emergent maintenance and cleaning issues in schools during the day. Staff should report any hazards to their supervisor.
Q. Are teachers and students being asked to do the work usually done by facility operators and cleaners?
No, but as always, we ask students and staff to do their part to keep their school community tidy and safe.
Q. Can parents, staff or principals help by shoveling snow?
Thank you, but snow clearing is not expected of parents, staff or principals. Resources are in place to manage snow clearing.
Q. What activities are being affected by labour action?
Most after-hours activities are cancelled during labour action. Athletic practices, fine arts rehearsals or other curricular activities where students are being supervised may be permitted to continue, but timing may shift.
Parent/teacher conferences in March have been moved online. This was done to allow cleaning crews to access schools after school hours. While in-person conferences are preferred, this is unfortunately not feasible during labour action.
Q. Do the external service providers have police information checks?
Service providers are not CBE employees and generally start work after students and staff have left for the day. Our current policies do not require police information checks as long as students are not present. If an external service provider needs to be in the building during the school day, that provider is supervised by CBE staff.
Picket Lines
Q. Can a CUPE Local 40 member cross a picket line and return to work with the CBE?
Yes, CUPE Local 40 employees can decide at any time to return to work during job action. However, employees who cross the picket line and rejoin the strike will not be permitted to return to the workplace for the remainder of labour action.
Q. Will CUPE Local 40 members lose their job once the strike is over if they crossed a picket line and returned to work?
CUPE Local 40 members will not lose their jobs if they cross a picket line, but the union may discourage them from crossing by threatening fines or imposing other union discipline. If CUPE expels a member from the union for crossing picket lines, their employment and promotional opportunities at the CBE will not be affected.
Q. Can CUPE Local 40 impose fines or punish its members for refusing to strike?
CUPE Local 40 members can review CUPE’s constitution to assess if CUPE can issue fines or penalties for working during strikes. CUPE’s decisions under its constitution do not impact the employment of CUPE members with CBE.
Q. What should I do if a picket line appears at a CBE school or workplace?>
Picketers may cause some inconvenience to people entering or leaving parking lots, schools or workplaces. To protect students, staff and others, student parking lots at high schools will be closed if a picket line is present. Allow extra time to navigate picket lines. Principals should report unexpected picket lines to Corporate Risk and Security.
Q. What should I do if I have difficulty entering a school or my office to report to work where there is a picket line?>
Strikes are designed to make the workplace uncomfortable or create disruption. Delays are to be expected. If you experience unusual difficulty in crossing a picket line or if you believe your personal safety and security are at risk, withdraw from the situation.
