Division VIProhibitions and Enforcement
Strikes and Lockouts
88. In this Division,
« employeur »
“employer” includes an employers’ organization;
« syndicat »
“trade union” includes a council of trade unions.
- 1972, c. 18, s. 1.
Marginal note:Strikes and lockouts prohibited during term of collective agreement
88.1 Strikes and lockouts are prohibited during the term of a collective agreement except if
(a) a notice to bargain collectively has been given pursuant to a provision of this Part, other than subsection 49(1); and
(b) the requirements of subsection 89(1) have been met.
- 1998, c. 26, s. 38.
Marginal note:No strike or lockout until certain requirements met
89. (1) No employer shall declare or cause a lockout and no trade union shall declare or authorize a strike unless
(a) the employer or trade union has given notice to bargain collectively under this Part;
(b) the employer and the trade union
(i) have failed to bargain collectively within the period specified in paragraph 50(a), or
(ii) have bargained collectively in accordance with section 50 but have failed to enter into or revise a collective agreement;
(c) the Minister has
(i) received a notice, given under section 71 by either party to the dispute, informing the Minister of the failure of the parties to enter into or revise a collective agreement, or
(ii) taken action under subsection 72(2);
(d) twenty-one days have elapsed after the date on which the Minister
(i) notified the parties of the intention not to appoint a conciliation officer or conciliation commissioner, or to establish a conciliation board under subsection 72(1),
(ii) notified the parties that a conciliation officer appointed under subsection 72(1) has reported,
(iii) released a copy of the report to the parties to the dispute pursuant to paragraph 77(a), or
(iv) is deemed to have been reported to pursuant to subsection 75(2) or to have received the report pursuant to subsection 75(3);
(e) the Board has determined any application made pursuant to subsection 87.4(4) or any referral made pursuant to subsection 87.4(5); and
(f) sections 87.2 and 87.3 have been complied with.
Marginal note:No employee to strike until certain requirements met
(2) No employee shall participate in a strike unless
(a) the employee is a member of a bargaining unit in respect of which a notice to bargain collectively has been given under this Part; and
(b) the requirements of subsection (1) have been met in respect of the bargaining unit of which the employee is a member.
- R.S., 1985, c. L-2, s. 89;
- 1998, c. 26, s. 39;
- 1999, c. 31, s. 157(E).
- Date modified: