Are striking or locked-out workers still employees?
Yes, striking or locked-out workers are still considered to be employees of the employer despite their involvement in a labour dispute. They continue to be protected by the provisions of the Code. Workers who are disciplined by the employer for activities during a strike or lockout can use their grievance arbitration procedure to determine the fairness of the discipline. Frequently the settlement reached between the union and employer to end the work stoppage will include an agreement on employees who have been disciplined during the dispute.