Strike FAQs
CUPE always try to bargain better collective agreements without striking. However, the best way to make gains at the bargaining table is by being ready to go on strike. This FAQ is designed with that in mind.
Strikes and lockouts can be stressful and unpredictable. What happens in one strike may not happen in another. Lots depends on individual workplaces and you. A union is its members.
The information below is of a general nature only and is intended for CUPE Locals in Alberta.
What is a “strike”?
There are many different types of strikes, but most strikes involve workers acting together to put pressure on their employer to improve wages or working conditions. A strike can be refusing to do a specific task, refusing to work overtime, or refusing to work a certain day of the week. It can also include refusing to work indefinitely until their demands are met.
In Alberta, most unionized workers have a legal right to strike. However, to exercise this right, there are several steps that must be followed. First, we must try to bargain a new collective agreement with the employer. If bargaining is unsuccessful, we then have to try mediation. If mediation is unsuccessful, the Labour Relations Code imposes a 14-day “cooling-off period”. After that, we can hold a strike vote. If a majority of workers vote to go on strike, we then have to give 72 hours’ notice before going on strike.
Why go on strike?
Workers go on strike for a variety of reasons and have been going on strike for thousands of years.
Generally, we go on strike to make our jobs and our lives better. Better pay. Better benefits. Better work-life balance.
Who decides to go on strike?
Workers themselves. To go on a legal strike, there are several requirements, including a strike vote. Only workers in the affected workplace can vote.
Can my employer discipline me for participating in a strike?
You have a protected legal right to strike (see section 73 of the Alberta Labour Relations Code). An employer cannot discipline you for going on a legal strike. CUPE will support you if any action is taken by your employer.
What is a “strike mandate”?
A strike mandate is when a majority of workers vote to go on strike. Unions sometimes ask for a strike mandate to pressure an employer to bargain a better collective agreement. Just because a union has a strike mandate does not mean that the union will go on strike.
What is a “lockout”?
A lockout is a way for an employer to pressure workers to accept concessions or a bad deal. In a lockout, the employer prevents workers from working and stops paying them.
Employers can apply for a lockout after mediation and the 14-day cooling-off period. An employer must provide 72 hours’ notice of a lockout.
The best way to protect against a lockout is to be ready to go on strike.
What’s the best way to avoid a strike or lockout?
The best way to avoid a strike or lockout is to be ready go on strike. A strike or lockout disrupts the lives of everyone. But when we’re organized and united, we can win significant wage increases and major improvements in our workplaces.
You can help strengthen your union and avoid a strike or lockout by staying informed about bargaining, attending union meetings, talking to your coworkers about workplace issues, helping make sure your union has updated contact lists, recruiting coworkers to be leaders in their workplaces, taking strike prep training, etc.
What is “strike pay”? Who gets it?
Strike pay is pay that members receive if they go on strike or get locked out. Every member is eligible to receive the same amount of strike pay. Strike pay is not meant to replace your regular salary. It’s meant to help pay essential bills.
Currently, CUPE strike pay is $300/week for 20 hours of picket activity. Strike pay increases as a strike or lockout continues. Strike pay is not taxed. There are also no CPP or EI deductions from strike pay. More information on strike pay can be found in the National Strike Fund Regulations.
Your CUPE Local may have additional funds for strike pay.
I have a medical accommodation and I am not able to participate on a picket line. Am I still eligible for strike pay?
If your medical restrictions prevent you from picketing, you can request an accommodation by contacting your local strike committee. There are alternative duties for members who are not able to picket because of a medical restriction.
Do I still pay union dues during a strike or lockout?
No. However, if you worked prior to the strike/lockout and receive your next pay cheque during a strike or lockout, union dues will still be deducted from that paycheque. Most employers’ payroll systems are set up to automatically deduct union dues.
What can I do to be financially prepared for a strike?
The best way to financially prepare for a strike is to start putting some money aside. We know that inflation has made everything more expensive and made saving harder. However, that’s also why it is necessary to go on strike to win real wage increases.
If you have a mortgage or a loan, contact your financial institution and ask them if they have a policy for deferring payments during a strike or lockout. Most banks do.
Will I continue to receive benefits during a strike or a lockout?
In some cases, employers pay premiums, and members continue to have benefit coverage.
If an employer refuses to pay its share of premiums, the National Strike Fund will pay group life insurance and extended health benefit premiums. In this situation, it would be illegal for an employer to stop paying premiums or to cancel the insurance (see s. 155 of the Code).
If an employer refuses to allow CUPE to pay premiums, the National Strike Fund can cover some emergency dental work and medication.
Can I go on sick leave during a strike?
A strike or lockout suspends the collective agreement. This means that you will not be able to access any sick leave provisions in the collective agreement. However, if you are on long-term disability or sick leave when a strike or lockout begins, you should continue to receive those benefits.
What happens if a strike or lockout occurs while I’m on vacation?
If a strike or lockout occurs while you’re on vacation, your vacation ends. You will either be on strike or locked out. You will not receive vacation pay during the strike or lockout.
However, you will not lose any vacation time that you earned but weren’t able to use because of the strike or lockout. The vacation will remain in the bank for future use when you’re back to work.
What happens to my pension if there is a strike or lockout?
When you are on strike or lockout, you are not earning pay from your employer and therefore this period does not count as pensionable service. Where permitted by the pension plan, CUPE will try to negotiate buy back as part of a return-to-work agreement once the strike or lockout ends.
Am I entitled to Workers’ Compensation Board (WCB) payments while on strike?
If your WCB claim has been approved when a strike or lockout begins, you should continue to receive WCB coverage.
If the strike/lockout starts after I go on EI, how does that impact me?
If you are on EI or are receiving EI Sickness or Maternity/Parental benefits before a strike or lockout, you should continue to receive those benefits. You may be asked to provide proof that the illness/maternity/parental leave started before the strike or lock-out.
If I get EI through a second job with a different employer, how will that be impacted?
If you are locked out or on strike with one employer, you are not permitted to claim EI through another employer.
How does a strike or lockout impact insurable hours for EI?
You will not receive insurable hours while you are on strike or locked out.
Can I get another job during a strike or lockout?
Yes. However, if members get other jobs rather than join the picket line that weakens the union. It makes the strike or lockout last longer and makes it harder to negotiate a better collective agreement. The longer the picket line, the shorter the strike.
We were considered “essential” during the pandemic. Does this mean we aren’t allowed to strike?
The Code defines essential services and which employers or industries are affected. Whether you worked from home or the office during the pandemic is not relevant to the legislation. Most CUPE locals in sectors other than healthcare do NOT fall under the essential services legislation.
What about illegal strikes?
Sometimes workers go on strike without meeting all the legal requirements. An illegal strike can lead to fines, usually against the local itself. If CUPE Locals or CUPE members are fined for an illegal strike, CUPE and CUPE Alberta will help pay the fines.
If members are disciplined for an illegal strike, CUPE will do everything it can to get their job back, including legal challenges and campaigns.