Mr. Sinclair is correct. People may cross the picket line in B.C., as long as they were hired before notice to collective bargaining was given. In effect, this allows the employer to continue to operate, if they so choose, by using people who cross the picket line--which happens rarely in B.C. It also allows them to continue to operate by using managerial staff, as long as it is a normal place of their operation.
I think that's in section 68 of the code. There have been several decisions from the B.C. Labour Relations Board that have interpreted what that means.
That's what I think Mr. Sinclair and I are both saying. As we read it, under the proposed Bill C-257, if you're a struck employer, you're not allowed to do anything. Our contention is that some people think the right to strike is balanced by the right to lock out. We say no, the right to strike is balanced by the right to continue to operate. That balance is not struck in this Bill C-257.