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Response to Hot Declaration Does Not Constitute “Strike” Activity
May 26, 2009

The BC Court of Appeal recently affirmed the validity of BC Labour Relations Board decisions upholding “hot declaration” clauses in collective agreements.

In Victoria Times Columnist v. CEP, Local 25-G, the Court of Appeal dismissed an employer’s appeal of a Board decision permitting unionized employees to honour hot declarations. The Court confirmed that employees’ refusal to handle newspaper advertising from an organization the union had declared “hot” did not constitute an illegal strike or amount to concerted activity restricting productions or services under the Labour Relations Code. The Court observed that the Board’s authority to regulate strikes and lockouts is part of its core jurisdictional responsibility, where its expertise is paramount and where the Court’s deference to the Board’s exercise of its mandate is at its highest.

(Click here for copy of Decision)