Canada Labour Code (R.S.C., 1985, c. L-2)

Marginal note:Definitions

88. In this Division,

“employer”

« employeur »

“employer” includes an employers’ organization;

“trade union”

« syndicat »

“trade union” includes a council of trade unions.

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.

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.