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

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.

Marginal note:Right to strike or lockout limited during period between Parliaments

• 90 (1) Where a strike or lockout not prohibited by this Part occurs or may occur during the time commencing on the date of a dissolution of Parliament and ending on the date fixed for the return of the writs at the next following general election and, in the opinion of the Governor in Council, adversely affects or would adversely affect the national interest, the Governor in Council may during that time make an order deferring the strike or lockout during the period commencing on the day the order is made and ending on the twenty-first day following the date fixed for the return of the writs.

• Marginal note:Minister’s report

  (2) Where the Governor in Council makes an order pursuant to subsection (1) during the time mentioned in that subsection, the Minister shall, on any of the first ten sitting days of the first session of Parliament next following that time, lay before Parliament a report stating the reasons for the making of the order.

Declarations Relating to Strikes and Lockouts

Marginal note:Employer may apply for declaration that strike unlawful

• 91 (1) Where an employer alleges that a trade union has declared or authorized a strike, or that employees have participated, are participating or are likely to participate in a strike, the effect of which was, is or would be to involve the participation of an employee in a strike in contravention of this Part, the employer may apply to the Board for a declaration that the strike was, is or would be unlawful.

• Marginal note:Declaration that strike unlawful and strike prohibited

  (2) Where an employer applies to the Board under subsection (1) for a declaration that a strike was, is or would be unlawful, the Board may, after affording the trade union or employees referred to in subsection (1) an opportunity to make representations on the application, make such a declaration and, if the employer so requests, may make an order

  • (a) requiring the trade union to revoke the declaration or authorization to strike and to give notice of such revocation forthwith to the employees to whom it was directed;

  • (b) enjoining any employee from participating in the strike;

  • (c) requiring any employee who is participating in the strike to perform the duties of their employment; and

  • (d) requiring any trade union, of which any employee with respect to whom an order is made under paragraph (b) or (c) is a member, and any officer or representative of that union, forthwith to give notice of any order made under paragraph (b) or (c) to any employee to whom it applies.

Marginal note:Declaration that lockout unlawful and prohibition of lockout

92 Where a trade union alleges that an employer has declared or caused or is about to declare or cause a lockout of employees in contravention of this Part, the trade union may apply to the Board for a declaration that the lockout was, is or would be unlawful and the Board may, after affording the employer an opportunity to make representations on the application, make such a declaration and, if the trade union so requests, may make an order

• (a) enjoining the employer or any person acting on behalf of the employer from declaring or causing the lockout;

• (b) requiring the employer or any person acting on behalf of the employer to discontinue the lockout and to permit any employee of the employer who was affected by the lockout to return to the duties of their employment; and

• (c) requiring the employer forthwith to give notice of any order made against the employer under paragraph (a) or (b) to any employee who was affected, or would likely have been affected, by the lockout.