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

General

Marginal note:Powers of board

84 A conciliation commissioner or a conciliation board

• (a) may determine their own procedure;

• (b) has, in relation to any proceeding before them, the powers conferred on the Board, in relation to any proceeding before the Board, by paragraphs 16(a), (b), (c), (f) and (h); and

• (c) may authorize any person to do anything described in paragraph 16(b) or (f) that the conciliation commissioner or conciliation board may do and to report to the conciliation commissioner or conciliation board thereon.

Marginal note:Sittings

• 85 (1) The chairperson of a conciliation board shall

  • (a) after consultation with the other members of the board, fix the time and place of sittings of the conciliation board;

  • (b) notify the parties to the dispute of the time and place so fixed; and

  • (c) at the conclusion of the sittings of the conciliation board, send to the Minister a detailed certified statement as to those sittings and as to the members of the conciliation board and witnesses present at each sitting.

• Marginal note:Quorum

  (2) The chairperson and one other member of a conciliation board constitute a quorum but, in the absence of any member, the other members shall not proceed unless the absent member has been given reasonable notice of the sitting.

• Marginal note:Substitute member

  (3) Where a person ceases to be a member of a conciliation board before the board has completed its work, another member shall be nominated and appointed in their place in accordance with section 82.

Marginal note:Proceedings prohibited

86 No order shall be made, process entered or proceeding taken in any court

• (a) to question the appointment of, or refusal to appoint, a conciliation officer or conciliation commissioner, or the establishment of, or the refusal to establish, a conciliation board; or

• (b) to review, prohibit or restrain any proceeding of a conciliation officer, conciliation commissioner or conciliation board.

Marginal note:Report and testimony not evidence

87 No report of a conciliation commissioner or conciliation board, and no testimony or record of proceedings before a conciliation commissioner or conciliation board, are admissible in evidence in any court in Canada, except in the case of a prosecution for perjury.

DIVISION V.1Obligations Relating to Strikes and Lockouts

Marginal note:Definitions

87.1 The following definitions apply in this Division.

employer

employer includes an employers’ organization. (employeur)

trade union

trade union includes a council of trade unions. (syndicat)

Marginal note:Strike notice

• 87.2 (1) Unless a lockout not prohibited by this Part has occurred, a trade union must give notice to the employer, at least seventy-two hours in advance, indicating the date on which a strike will occur, and must provide a copy of the notice to the Minister.

• Marginal note:Lockout notice

  (2) Unless a strike not prohibited by this Part has occurred, an employer must give notice to the trade union, at least seventy-two hours in advance, indicating the date on which a lockout will occur, and must provide a copy of the notice to the Minister.

• Marginal note:New notice

  (3) Unless the parties agree otherwise in writing, where no strike or lockout occurs on the date indicated in a notice given pursuant to subsection (1) or (2), a new notice of at least seventy-two hours must be given by the trade union or the employer if they wish to initiate a strike or lockout.

Marginal note:Secret ballot — strike vote

• 87.3 (1) Unless a lockout not prohibited by this Part has occurred, a trade union may not declare or authorize a strike unless it has, within the previous sixty days, or any longer period that may be agreed to in writing by the trade union and the employer, held a secret ballot vote among the employees in the unit and received the approval of the majority of the employees who voted.

• Marginal note:Secret ballot — lockout vote

  (2) Unless a strike not prohibited by this Part has occurred, an employers’ organization may not declare or cause a lockout unless it has, within the previous sixty days, or any longer period that may be agreed to in writing by the trade union and the employers’ organization, held a secret ballot vote among the employers who are members of the organization and received the approval of the majority of the employers who voted.

• Marginal note:Conduct of vote

  (3) A vote held under subsection (1) or (2) must be conducted in such a manner as to ensure that those employees or employers who are eligible to vote are given a reasonable opportunity to participate in the vote and to be informed of the results.

• Marginal note:Application to have vote declared invalid

  (4) An employee who is a member of a bargaining unit for which a strike vote has been held pursuant to subsection (1) and who alleges that there were irregularities in the conduct of the vote may, no later than ten days after the announcement of the results of the vote, make an application to the Board to have the vote declared invalid.

• Marginal note:Application to have vote declared invalid

  (5) An employer who is a member of an employers’ organization that has held a lockout vote pursuant to subsection (2) and who alleges that there were irregularities in the conduct of the vote may, no later than ten days after the announcement of the results of the vote, make an application to the Board to have the vote declared invalid.

• Marginal note:Summary procedure

  (6) The Board may summarily dismiss an application made pursuant to subsection (4) or (5) if it is satisfied that, even if the alleged irregularities were proven, the outcome of the vote would not be different.

• Marginal note:Order that vote invalid

  (7) Where the Board declares the vote invalid, it may order that a new vote be held in accordance with the conditions it specifies in the order.

Marginal note:Maintenance of activities

• 87.4 (1) During a strike or lockout not prohibited by this Part, the employer, the trade union and the employees in the bargaining unit must continue the supply of services, operation of facilities or production of goods to the extent necessary to prevent an immediate and serious danger to the safety or health of the public.

• Marginal note:Notice

  (2) An employer or a trade union may, no later than fifteen days after notice to bargain collectively has been given, give notice to the other party specifying the supply of services, operation of facilities or production of goods that, in its opinion, must be continued in the event of a strike or a lockout in order to comply with subsection (1) and the approximate number of employees in the bargaining unit that, in its opinion, would be required for that purpose.

• Marginal note:Agreement

  (3) Where, after the notice referred to in subsection (2) has been given, the trade union and the employer enter into an agreement with respect to compliance with subsection (1), either party may file a copy of the agreement with the Board. When the agreement is filed, it has the same effect as an order of the Board.

• Marginal note:Where no agreement entered into

  (4) Where, after the notice referred to in subsection (2) has been given, the trade union and the employer do not enter into an agreement, the Board shall, on application made by either party no later than fifteen days after notice of dispute has been given, determine any question with respect to the application of subsection (1).

• Marginal note:Referral

  (5) At any time after notice of dispute has been given, the Minister may refer to the Board any question with respect to the application of subsection (1) or any question with respect to whether an agreement entered into by the parties is sufficient to ensure that subsection (1) is complied with.

• Marginal note:Board order

  (6) Where the Board, on application pursuant to subsection (4) or referral pursuant to subsection (5), is of the opinion that a strike or lockout could pose an immediate and serious danger to the safety or health of the public, the Board, after providing the parties an opportunity to agree, may, by order,

  • (a) designate the supply of those services, the operation of those facilities and the production of those goods that it considers necessary to continue in order to prevent an immediate and serious danger to the safety or health of the public;

  • (b) specify the manner and extent to which the employer, the trade union and the employees in the bargaining unit must continue that supply, operation and production; and

  • (c) impose any measure that it considers appropriate for carrying out the requirements of this section.

• Marginal note:Review of order

  (7) On application by the employer or the trade union, or on referral by the Minister, during a strike or lockout not prohibited by this Part, the Board may, where in the Board’s opinion the circumstances warrant, review and confirm, amend or cancel an agreement entered into, or a determination or order made, under this section and make any orders that it considers appropriate in the circumstances.

• Marginal note:Binding settlement

  (8) Where the Board is satisfied that the level of activity to be continued in compliance with subsection (1) renders ineffective the exercise of the right to strike or lockout, the Board may, on application by the employer or the trade union, direct a binding method of resolving the issues in dispute between the parties for the purpose of ensuring settlement of a dispute.

Marginal note:Rights unaffected

• 87.5 (1) Where the Board has received an application pursuant to subsection 87.4(4) or a question has been referred to the Board pursuant to subsection 87.4(5), the employer must not alter the rates of pay or any other term or condition of employment or any right or privilege of the employees in the bargaining unit, or any right or privilege of the bargaining agent, without the consent of the bargaining agent, until the later of the date on which the Board has determined the application or the question referred and the date on which the requirements of paragraphs 89(1)(a) to (d) have been met.

• Marginal note:Rights unaffected

  (2) Unless the parties otherwise agree, the rates of pay or any other term or condition of employment, and any rights, duties or privileges of the employees, the employer or the trade union in effect before the requirements of paragraphs 89(1)(a) to (d) were met, continue to apply with respect to employees who are members of the bargaining unit and who have been assigned to maintain services, facilities and production pursuant to section 87.4.

• Marginal note:Continuation of strike or lockout

  (3) A referral made pursuant to subsection 87.4(5), during a strike or lockout not prohibited by this Part, or an application or referral made pursuant to subsection 87.4(7), does not suspend the strike or lockout.

Marginal note:Reinstatement of employees after strike or lockout

87.6 At the end of a strike or lockout not prohibited by this Part, the employer must reinstate employees in the bargaining unit who were on strike or locked out, in preference to any person who was not an employee in the bargaining unit on the date on which notice to bargain collectively was given and was hired or assigned after that date to perform all or part of the duties of an employee in the unit on strike or locked out.

Marginal note:Services to grain vessels

• 87.7 (1) During a strike or lockout not prohibited by this Part, an employer in the long-shoring industry, or other industry included in paragraph (a) of the definition federal work, undertaking or business in section 2, its employees and their bargaining agent shall continue to provide the services they normally provide to ensure the tie-up, let-go and loading of grain vessels at licensed terminal and transfer elevators, and the movement of the grain vessels in and out of a port.

• Marginal note:Rights unaffected

  (2) Unless the parties otherwise agree, the rates of pay or any other term or condition of employment, and any rights, duties or privileges of the employees, the employer or the trade union in effect before the requirements of paragraphs 89(1)(a) to (d) were met, continue to apply with respect to employees who are members of the bargaining unit and who have been assigned to provide services pursuant to subsection (1).

• Marginal note:Board order

  (3) On application by an affected employer or trade union, or on referral by the Minister, the Board may determine any question with respect to the application of subsection (1) and make any order it considers appropriate to ensure compliance with that subsection.

DIVISION VIProhibitions and Enforcement

Strikes and Lockouts

Marginal note:Definitions

88 In this Division,

employer

employer includes an employers’ organization; (employeur)

trade union

trade union includes a council of trade unions. (syndicat)

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.