Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2)

Act current to 2019-06-06 and last amended on 2018-11-26. Previous Versions

PART 1Labour Relations (continued)

DIVISION 14Prohibitions and Enforcement (continued)

Prohibitions Relating to Strikes (continued)

Marginal note:Non-employees

 No person employed in the public service shall participate in a strike if the person is not an employee.

Marginal note:Participation prohibited

 No employee shall participate in a strike if the employee

  • (a) is not included in a bargaining unit for which a bargaining agent has been certified by the Board;

  • (b) is included in a bargaining unit in respect of which a collective agreement is in force;

  • (c) is included in a bargaining unit in respect of which no collective agreement is in force and for which no notice to bargain collectively has been given;

  • (d) is included in a bargaining unit in respect of which no collective agreement is in force and for which a notice to bargain collectively has been given and in respect of which no request for conciliation has been made under section 161;

  • (e) is included in a bargaining unit for which the process for resolution of a dispute is arbitration;

  • (f) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a notice to enter into an essential services agreement has been given under section 122 by the employer or the bargaining agent for the bargaining unit, and no essential services agreement is in force in respect of the bargaining unit;

  • (g) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a notice to amend an essential services agreement has been given under section 126 by the employer or the bargaining agent for the bargaining unit, and

    • (i) the essential services agreement has not been amended as a result of that notice, or

    • (ii) if an application referred to in subsection 127(1) was made by the employer or the bargaining agent, the application has not been finally disposed of by the Board;

  • (h) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and less than 30 clear days have elapsed since

    • (i) the date an essential services agreement came into force in respect of the bargaining unit, or

    • (ii) the date an application referred to in subsection 123(1) made by the employer or the bargaining agent for the bargaining unit was finally disposed of by the Board, if such an application was made;

  • (i) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which the employer or the bargaining agent for the bargaining unit has given a notice to amend an essential services agreement and less than 30 clear days have elapsed since

    • (i) the date of the coming into force of the amendment to the essential services agreement as a result of that notice, or

    • (ii) the date the application referred to in subsection 127(1) made by the employer or the employee organization was finally disposed of by the Board, if such an application was made;

  • (j) occupies a position that is necessary under an essential services agreement for the employer to provide essential services;

  • (k) is included in a bargaining unit in respect of which an essential services agreement binding on the bargaining agent for the bargaining unit and the employer has been suspended by order under section 131;

  • (l) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a public interest commission has not been established to assist the employer and the bargaining agent for the bargaining unit to enter into or revise a collective agreement, unless the bargaining agent has been notified under subsection 162(3) that a public interest commission will not be established;

  • (m) is included in a bargaining unit in respect of which the bargaining agent for the bargaining unit has been notified under subsection 162(3) that a public interest commission will not be established to assist the employer and the bargaining agent to enter into or revise a collective agreement and less than seven clear days have elapsed from the date the notice was given under that subsection;

  • (n) is included in a bargaining unit in respect of which a public interest commission has been established to assist the employer and the bargaining agent for the bargaining unit to enter into or revise a collective agreement, and the Chairperson has not yet sent the commission’s report or reconsidered report, as the case may be, to the parties, or, if it has been sent, less than seven clear days have elapsed since it was sent;

  • (o) is included in a bargaining unit whose bargaining agent has agreed with the employer to be bound as described in section 181 in respect of all terms and conditions in dispute;

  • (p) is included in a bargaining unit whose bargaining agent has agreed with the employer to refer, under subsection 182(1), all terms and conditions in dispute to final and binding determination;

  • (q) is included in a bargaining unit in respect of which a vote has been held under subsection 183(1) and a majority of employees participating in the vote have accepted the employer’s last offer;

  • (r) is included in a bargaining unit whose bargaining agent has failed to conduct a secret ballot vote in accordance with section 184; or

  • (s) is included in a bargaining unit whose bargaining agent has conducted a secret ballot vote in accordance with section 184 and

    • (i) the bargaining agent has not received the approval of a majority of the employees who voted, or

    • (ii) if the bargaining agent has received the approval of a majority of the employees who voted and the bargaining agent has declared or authorized the strike after 60 clear days have elapsed, or after any longer period that may be agreed to in writing by the bargaining agent and the employer has elapsed, since the day the vote was held.

  • 2003, c. 22, s. 2 “196”
  • 2013, c. 40, s. 323
  • 2018, c. 24, s. 24

Marginal note:Right to strike limited during period between Parliaments

  •  (1) If a strike occurs or may occur during the period beginning 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, the strike adversely affects or would adversely affect the national interest, the Governor in Council may during that period make an order deferring the strike during the period beginning on the day on which the order is made and ending on the twenty-first day following the date fixed for the return of the writs.

  • Marginal note:Tabling in Parliament

    (2) The Minister must cause a report giving the reasons for the order to be tabled in each House of Parliament within the first 10 days on which that House is sitting after the order is made.

  • Marginal note:Declaration or authorization of strike prohibited during deferred period

    (3) No employee organization shall declare or authorize, and no officer or representative of an employee organization shall counsel or procure the declaration or authorization of, a strike in respect of a bargaining unit in the period during which the strike is deferred by an order made under subsection (1).

  • Marginal note:Participation prohibited during deferred period

    (4) No employee shall participate in a strike in the period during which the strike is deferred by an order made under subsection (1).

Declarations and Orders Relating to Strikes

Marginal note:Application for declaration that conduct is unlawful

  •  (1) If the employer considers that an employee organization or any officer or representative of one has contravened subsection 194(1) or (2) or 197(3), or that a person has contravened section 195, or that an employee has contravened section 196 or subsection 197(4), the employer may apply to the Board for a declaration that the conduct giving rise to the contravention is unlawful.

  • Marginal note:Declaration that strike unlawful and strike prohibited

    (2) After affording the employee organization, officer, representative, person or employee referred to in subsection (1) an opportunity to make representations on the application, the Board may declare that the conduct is unlawful and, if the employer so requests, may make an order

    • (a) requiring the employee organization to revoke the declaration or authorization of a strike and to give notice immediately of its revocation to the employees to whom it was directed;

    • (b) enjoining the officer or representative from counselling or procuring the declaration or authorization of a strike or the participation of employees in a strike;

    • (c) enjoining the employee from participating in the strike;

    • (d) requiring the employee to perform the duties of his or her employment; or

    • (e) requiring any employee organization, of which any employee with respect to whom an order is made under paragraph (c) or (d) is a member, and any officer or representative of that employee organization, to immediately give notice of any order made under one of those paragraphs to the employee.

  • Marginal note:Terms and duration of order

    (3) An order made under subsection (2)

    • (a) must be in terms that the Board considers necessary and sufficient to meet the circumstances of the case; and

    • (b) subject to subsection (4), has effect for the time specified in the order.

  • Marginal note:Continuation or revocation of order

    (4) On application by the employer or employee organization or any employee or other person affected by an order made under subsection (2), notice of which has been given to the parties named in the order, the Board may, by supplementary order,

    • (a) continue the order, with or without modification, for the period stated in the supplementary order; or

    • (b) revoke the order.

 
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