Ontario construction industry, carpenter strike delaying some projects by months

Largest Ontario construction strike in 20 years

Members of the Ontario chapter of the United Brotherhood of Carpenters and Joiners of America commenced strike action at 12:01 a.m. on May 9, 2022 after rejecting their employer’s recent contract offer. The main area of contention is wages. 

This is the largest residential construction strike in Ontario in 20 years, and is affecting carpenters in the industrial, commercial, and institutional (ICI) sectors. 

15,000 residential labourers walked off their job sites, alongside 6,000 commercial operating engineers two weeks ago. Last week, 15,000 carpenters officially went on strike, as well as 7,000 residential and commercial drywall workers. The numbers continue to rise as the days go on.

• LEARN MORE: Severance pay for Canadian construction workers

Here is a timeline of events related to this strike:

• May 9, 2022: United Brotherhood of Carpenters and Joiners of America strike at 12:01 a.m.
• May 20, 2022: Operating engineers in Ontario’s ICI sectors voted in favour of a proposed provincial collective agreement, putting an end to their three-week long strike. The deal included raises of $3 in each of the next three years, as well as a 19 per cent increase in their room and board allowance. Unionized carpenters in Ontario remain on strike at this time, but have scheduled negotiation sessions in the week to follow.
• May 25, 2022: The Carpenters District Council of Ontario announces it has reached a tentative agreement for carpenters in the ICI sectors. Ratification votes are set to happen on Friday May 27.

Work stoppage creates domino effect

The strikes are delaying construction projects, some of which were already delayed from supply chain issues and the pandemic. Work stoppages in the construction industry can create a ‘domino effect,’ preventing other workers from completing their projects as they may rely on another worker to finish their project first.

Temporary layoffs related to the strike

Some companies may put some workers on a temporary layoff in response to the strike. Layoffs can also occur in reaction to a bad economy, a decline in business, or in the case of the carpenter strike, a delay in projects.

Temporary layoffs in Ontario (and across Canada) are illegal. Unless your contract allows for a layoff to occur, or you have given your employer the ability to put you on one, changes can’t be made to your job without your permission. You can treat your job as being terminated through a constructive dismissal claim, and get a full severance package that complies with provincial law. Severance pay can be as much as 24 months’ pay for non-unionized workers – this includes individuals working in the construction industry or trades.

If you are a non-unionized employee in the construction industry who has been laid off as a result of the strike, contact an employment lawyer at Samfiru Tumarkin LLP to explore your rights and entitlements. You can also use our Severance Pay Calculator to find out what you severance package might look like.

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• Employee vs. Independent Contractor Misclassification

Fired due to the Ontario construction industry strike?

Your employer can let you go from your job, as long as the reason for your termination isn’t discriminatory. However, you must be paid full severance. This type of layoff is called a termination without cause. This type of termination applies to employees who lose their job because of the ongoing carpenter strike in Ontario.

Severance pay for Independent Contractors

If you were fired, laid off or terminated by your employer as a result of the strike and were considered to be an independent contractor, you should contact the team at Samfiru Tumarkin LLP immediately. There is a high probability that you are, in fact, an employee, and are entitled to full severance pay.

Unionized workers

If you are a unionized employee directly or indirectly affected by the Ontario construction strike, you must talk directly to your representative union about your workplace matter. Only your union can legally represent you on employment matters, as per the Collective Bargaining Agreement that governs your job. An employment lawyer at Samfiru Tumarkin LLP can’t act as you representative.