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Federal Public Sector Labour Relations Act

Version of section 194 from 2013-12-12 to 2018-11-25:


Marginal note:Declaration or authorization of strike prohibited

  •  (1) No employee organization shall declare or authorize a strike in respect of a bargaining unit, 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 or the participation of employees in such a strike, if

    • (a) the employee organization has not been certified by the Board as the bargaining agent for the bargaining unit;

    • (b) a collective agreement applying to the bargaining unit is in force;

    • (c) no collective agreement is in force, and no notice to bargain collectively has been given, in respect of the bargaining unit;

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

    • (e) the process for resolution of a dispute applicable to the bargaining unit is arbitration;

    • (f) the process for resolution of a dispute applicable to the bargaining unit is conciliation and a notice has been given under section 121 to the effect that the employer has, under section 120, designated positions in the bargaining unit and the employer has not notified the bargaining agent under subsection 122(2);

    • (g) to (j) [Repealed, 2013, c. 40, s. 322]

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

    • (l) the employee organization, as 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 employee organization to enter into or revise a collective agreement and less than seven clear days have elapsed since the date the notice was given under that subsection;

    • (m) a public interest commission has been established to assist the employer and the employee organization, as 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;

    • (n) the employee organization, as bargaining agent for the bargaining unit, has agreed with the employer to be bound as described in section 181 in respect of all terms and conditions in dispute;

    • (o) the employee organization, as bargaining agent for the bargaining unit, has agreed with the employer to refer, under subsection 182(1), all terms and conditions in dispute to final and binding determination;

    • (p) 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;

    • (q) the employee organization has failed to conduct a secret ballot vote in accordance with section 184; or

    • (r) the employee organization has conducted a secret ballot vote in accordance with section 184 and

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

      • (ii) if it has received the approval of a majority of the employees who voted, more than 60 clear days, or any longer period that may be agreed to in writing by the employee organization and the employer, have elapsed since the vote was held.

  • Marginal note:Essential services

    (2) No employee organization shall declare or authorize a strike the effect of which is or would be to involve the participation of any employee who occupies a position that is designated under section 120, 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 or the participation of those employees in a strike.

  • 2003, c. 22, s. 2 “194”
  • 2013, c. 40, s. 322
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