Labour Disputes

Information for Employers, Unions, and Picketers

Labour disputes are civil matters between an employer and a union. Police involvement is limited and focuses on safety and preventing breaches of the peace. The Toronto Police Service will not take sides in a dispute and will only intervene when there is a valid reason to do so.

Employers and union leadership are responsible for managing the behaviour of their members and maintaining peaceful picketing. Both parties should understand their legal rights and responsibilities and should take reasonable steps to resolve issues through dialogue wherever possible.

Either party may seek legal recourse through the Ontario Labour Relations Board or the civil courts when required. The conduct and rights associated with lawful picketing fall within the authority of the Courts and the Labour Relations Board.

Picketing

Picketing is permitted for the purpose of communicating information. This can include holding signs, using verbal messaging, handing out pamphlets, or showing solidarity through the number of people present. Picketing often causes some inconvenience and may have an impact on business operations, and it is common for emotions to run high.

Examples of lawful picketing:

• Communicating a message to the public
• Brief, reasonable delays to speak to drivers or pedestrians
• Peaceful presence at entry and exit points
• Displaying signs, banners, or written material

Examples of unlawful conduct:

• Blocking access or exit points
  May constitute Mischief (Interfere with Property) if access is restricted or operations are disrupted.
• Stopping vehicles for an unreasonable amount of time
  May constitute Mischief, Intimidation, or Causing a Disturbance depending on the circumstances.
• Surrounding a vehicle or preventing movement
  May constitute Mischief, Intimidation, or Assault if physical force or contact occurs.
• Making threats or engaging in intimidating behaviour
  May constitute Uttering Threats, Criminal Harassment, or Intimidation.
• Damaging property, signage, or equipment
  May constitute Mischief (to Property) or Theft/Attempted Theft.
• Physical confrontations, pushing, or unwanted contact
  May constitute Assault or Assault with a Weapon if objects are used.
• Interfering with officers responding to a dispute
  May constitute Obstruct Police.
• Aggressive verbal behaviour that draws a public disturbance
  May constitute Causing a Disturbance.

Property managers must document these activities if they intend to seek an injunction. Courts will require evidence that the employer attempted to resolve the issue and that police assistance alone was not effective.

When Police Become Involved

Police may attend a picket line when:

• there is a risk to public safety
• there are threats, assaults, or harassment
• access to or from a location is being blocked
• property is being damaged
• either party requests police attendance for a dispute that requires on-site assessment

The Toronto Police Service focuses on de-escalation and resolving issues through dialogue. Officers may lay charges if criminal offences are reported or observed.

Police Liaison Team

The Toronto Police Service assigns Police Liaison Team members to monitor labour disputes and support divisions. The goal is to reduce the risk of conflict by maintaining direct communication with both the union and the employer.

PLT members will:

• explain the role of the police during a labour dispute
• establish contacts with union and employer representatives
• ensure both parties understand their legal rights and obligations
• help prevent breaches of the peace through early communication
• provide updates to divisions and assist officers responding to calls
• document developments throughout the dispute

PLT does not:

• set or enforce picket line protocols
• open picket lines unless there is an immediate safety concern
• regulate civil behaviour that does not meet the threshold for criminality

Injunctions

Injunctions are civil court orders. They are enforced by the sheriff. The police may assist the sheriff to maintain safety if required. Police will continue to investigate any criminal activity during a dispute. Criminal charges will not be laid for peaceful expressions of opinion.

Resources

A downloadable pamphlet and guidance material for unions, employers, and workers can be found below:

TPS Labour Disputes pamphlet

Contact Information

Police Liaison Team – [email protected]