Despite the use of the same word, the concept of “essential” during COVID and “essential” in the event of a strike are not the same.   

• During COVID, this meant whoever the employer deemed to be required to come into work, despite the public health mandates and the employer could do so unilaterally. 
• In the event of a strike, we must negotiate a Maintenance of Activities Agreement, which means anyone whose absence would lead to an immediate and serious danger to the safety or health of the public will be deemed essential and not be allowed to strike.  If we cannot agree on who is essential, the Canada Industrial Relations Board will make a final and binding determination.