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:Conditions precedent

  (4) The notices referred to in subsections (1) to (3) may be given only in the following circumstances:

  • (a) if the trade union and the employer have entered into an agreement referred to in subsection 87.4(2), a copy of it has been filed with the Minister and the Board in accordance with subsection 87.4(3); or

  • (b) if the trade union and the employer have not entered into an agreement referred to in subsection 87.4(2), the Board has determined an application made by either of them under subsection 87.4(4).

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:Agreement

  (2) An employer and a trade union must, no later than 15 days after the day on which notice to bargain collectively has been given, enter into an agreement with respect to compliance with subsection (1) that sets out

  • (a) the supply of services, operation of facilities or production of goods that they consider necessary to continue in the event of a strike or a lockout; and

  • (b) 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, including the approximate number of those employees that, in the opinion of the employer and the trade union, would be required for that purpose.

• Marginal note:For greater certainty

  (2.1) For greater certainty, if the employer and the trade union conclude that it is not necessary to continue any supply of services, operation of facilities or production of goods in order to comply with subsection (1), they must set out this conclusion in the agreement referred to in subsection (2).

• Marginal note:Filing with Minister and Board

  (3) Immediately after entering into the agreement, the employer and the trade union must file a copy of it with the Minister and the Board. When the agreement is filed, it has the same effect as an order of the Board.

• Marginal note:If no agreement entered into

  (4) If the employer and the trade union do not enter into an agreement within the period referred to in subsection (2), the Board must, on application made by either of them, determine any question with respect to the application of subsection (1).

• Marginal note:Referral

  (5) The Minister may refer to the Board any question with respect to whether an agreement entered into by the employer and the trade union is sufficient to ensure that subsection (1) is complied with.

• Marginal note:Board order

  (6) If, in determining an application made under subsection (4) or referral made under subsection (5), the Board 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, 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:Time limit

  (6.1) Despite subsection 14.2(2), the Board must determine an application made under subsection (4) or a referral made under subsection (5), make any order under subsection (6) and send a copy of its decision and any order to the parties no later than 82 days after the day on which it received the application or referral.

• Marginal note:Late order or decision not invalid

  (6.2) The failure of the Board to comply with the time limit does not affect the jurisdiction of the Board to continue with and determine the application or referral and any order or decision made by the Board after the time limit is not for that reason invalid.

• Marginal note:For greater certainty

  (6.3) For greater certainty, the Board may exercise any of its powers under this Part, including any powers respecting its processes and procedures, for the purpose of ensuring, to the extent possible, that it complies with the time limit referred to in subsection (6.1).

• Marginal note:Filing of agreement before decision

  (6.4) An employer and trade union may enter into an agreement referred to in subsection (2) and file it in accordance with subsection (3) at any time before the Board has determined an application made under subsection (4). If they do so, at the time of filing of the agreement, the Board ceases to be seized of the application.

• 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 other person.

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)