Hudbay’s most overused bargaining tactic has been to threaten closure. Our grandparents tell us that this tactic has been used, very successfully, since at least the 1970’s.
Could they now be using the threat of closure with non-striking staff and hourly employees to coerce them into performing the duties of striking IAM workers? Many employees are working day and night, and have had summer vacations cancelled, so that they are available to perform not just their normal duties, but the duties of striking workers as well.
The Canada Labour Code, Section 94 (2.1) “Prohibition related to replacement workers” states:
“No employer or person acting on behalf of an employer shall use, for the demonstrated purpose of undermining a trade union’s representational capacity rather than the pursuit of legitimate bargaining objectives, the services of a person who was not an employee in the bargaining unit on the date on which notice to bargain collectively was given and was hired or ASSIGNED after that date to perform all or part of the duties of an employee in the bargaining unit on strike or locked out.”
The employees that are currently PERFORMING THE DUTIES OF THE STRIKING WORKERS were actually ASSIGNED to do so by Hudbay. This means that staff and hourly employees assigned to do the work of striking IAM workers are defined as replacement workers in the Canada Labour Code.
The Canada Labour Code, Section 94 (3) (c) goes on to states:
“No employer or person acting on behalf of an employer shall suspend, discharge or impose any financial or other penalty on an employee, or take any other disciplinary action against an employee, by reason of their refusal to perform all or some of the duties and responsibilities of another employee who is participating in a strike or subject to a lockout that is not prohibited by this Part.”
This means that all Hudbay non-striking employees have the right of refusal to perform all or some of the duties that would normally be done by a striking IAM worker.
Employees currently performing the duties of the striking IAM workers may not be aware of their status as replacement workers or that they have the right to refuse to do work normally done by an IAM worker.
You are PROTECTED BY THE CANADA LABOR CODE – you have a CHOICE.