GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 85
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. 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. 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. R.S., 1985, c. L-2, s. 85; 1998, c. 26, s. 59(E); 1999, c. 31, s. 162(E)
Canada Labour Code — L-2 86
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. R.S., 1985, c. L-2, s. 86; 1998, c. 26, s. 36
Canada Labour Code — L-2 87
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. 1972, c. 18, s. 1
Canada Labour Code — L-2 87.1
Definitions 87.1 The following definitions apply in this Division. employer includes an employers’ organization. ( employeur ) trade union includes a council of trade unions. ( syndicat ) 1998, c. 26, s. 37
Canada Labour Code — L-2
employer includes an employers’ organization. ( employeur )
Canada Labour Code — L-2
trade union includes a council of trade unions. ( syndicat )
Canada Labour Code — L-2 87.2
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. 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. 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. 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). 1998, c. 26, s. 37 2024, c. 12, s. 5
Canada Labour Code — L-2 87.3
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. 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. 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. 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. 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. 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. 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. 1998, c. 26, s. 37
Canada Labour Code — L-2 87.4
ed to in subsection (6.1). 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. 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. 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. 1998, c. 26, s. 37 2024, c. 12, s. 6
Canada Labour Code — L-2 87.5
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. 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. 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. 1998, c. 26, s. 37
Canada Labour Code — L-2 87.6
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. 1998, c. 26, s. 37 2024, c. 12, s. 7
Canada Labour Code — L-2 87.7
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. 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). 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. 1998, c. 26, s. 37
Canada Labour Code — L-2 88
Definitions 88 In this Division, employer includes an employers’ organization; ( employeur ) trade union includes a council of trade unions. ( syndicat ) 1972, c. 18, s. 1
Canada Labour Code — L-2
employer includes an employers’ organization; ( employeur )
Canada Labour Code — L-2 88.1
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. 1998, c. 26, s. 38
Canada Labour Code — L-2 89
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 referral made pursuant to subsection 87.4(5); and (f) sections 87.2 and 87.3 have been complied with. 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. R.S., 1985, c. L-2, s. 89; 1998, c. 26, s. 39; 1999, c. 31, s. 157(E) 2024, c. 12, s. 8
Canada Labour Code — L-2 90
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. 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. 1972, c. 18, s. 1; 1984, c. 39, s. 33
Canada Labour Code — L-2 91
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. 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. R.S., 1985, c. L-2, s. 91; 1998, c. 26, s. 40; 1999, c. 31, s. 162(E)
Canada Labour Code — L-2 92
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. R.S., 1985, c. L-2, s. 92; 1998, c. 26, s. 41; 1999, c. 31, s. 162(E)
Canada Labour Code — L-2 93
Terms and duration of order 93 (1) An order made under section 91 or 92 (a) shall be in such terms as the Board considers necessary and sufficient to meet the circumstances of the case; and (b) subject to subsection (2), shall have effect for such time as is specified in the order. Application for supplementary order (2) Where the Board makes an order under section 91 or 92, the Board may, from time to time on application by the employer or trade union that requested the order or any employer, trade union, employee or other person affected thereby, notice of which application has been given to the parties named in the order, by supplementary order, (a) continue the order, with or without modification, for such period as is stated in the supplementary order; or (b) revoke the order. 1977-78, c. 27, s. 64
Canada Labour Code — L-2 94
section (6) does not contravene subsection (4) or (6) if (a) the services are used solely in order to deal with a situation that presents or could reasonably be expected to present an imminent or serious (i) threat to the life, health or safety of any person, (ii) threat of destruction of, or serious damage to, the employer’s property or premises, or (iii) threat of serious environmental damage affecting the employer’s property or premises; (b) the use of the services is necessary in order to deal with the situation because the employer or person acting on behalf of an employer is unable to do so by any other means, such as by using the services of a person who is not referred to in paragraphs (4)(a) to (d) or in subsection (6); and (c) in the case of the services of a person referred to in paragraphs (4)(a) to (d), the employer or person acting on behalf of an employer gave the employees in the bargaining unit on strike or locked out the opportunity to perform the necessary work before using the services of that person. For greater certainty (8) For greater certainty, an employer or person acting on behalf of an employer may rely on subsection (7) only for the conservation purposes referred to in paragraph (7)(a) and not for the purpose of continuing the supply of services, operation of facilities or production of goods in a manner contrary to subsection (4) or (6). R.S., 1985, c. L-2, s. 94; 1998, c. 26, s. 42; 1999, c. 31, ss. 158(E), 162(E); 2000, c. 20, s. 23(E) 2024, c. 12, s. 9
Canada Labour Code — L-2 95
Prohibitions relating to trade unions 95 No trade union or person acting on behalf of a trade union shall (a) seek to compel an employer to bargain collectively with the trade union if the trade union is not the bargaining agent for a bargaining unit that includes employees of the employer; (b) bargain collectively for the purpose of entering into a collective agreement or enter into a collective agreement with an employer in respect of a bargaining unit, if that trade union or person knows or, in the opinion of the Board, ought to know that another trade union is the bargaining agent for that bargaining unit; (c) participate in or interfere with the formation or administration of an employers’ organization; (d) except with the consent of the employer of an employee, attempt, at an employee’s place of employment during the working hours of the employee, to persuade the employee to become, to refrain from becoming or to cease to be a member of a trade union; (e) require an employer to terminate the employment of an employee because the employee has been expelled or suspended from membership in the trade union for a reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the trade union as a condition of acquiring or retaining membership in the trade union; (f) expel or suspend an employee from membership in the trade union or deny membership in the trade union to an employee by applying to the employee in a discriminatory manner the membership rules of the trade union; (g) take disciplinary action against or impose any form of penalty on an employee by applying to that employee in a discriminatory manner the standards of discipline of the trade union; (h) expel or suspend an employee from membership in the trade union or take disciplinary action against or impose any form of penalty on an employee by reason of that employee having refused to perform an act that is contrary to this Part; or (i) discriminate against a person with respect to employment, a term or condition of employment or membership in a trade union, or intimidate or coerce a person or impose a financial or other penalty on a person, because that person (i) has testified or otherwise participated or may testify or otherwise participate in a proceeding under this Part, (ii) has made or is about to make a disclosure that the person may be required to make in a proceeding under this Part, or (iii) has made an application or filed a complaint under this Part. 1972, c. 18, s. 1
Canada Labour Code — L-2 96
General prohibition 96 No person shall seek by intimidation or coercion to compel a person to become or refrain from becoming or to cease to be a member of a trade union. 1972, c. 18, s. 1
Canada Labour Code — L-2 96.1
Prohibition 96.1 An employer is prohibited from treating an employee as if they were not their employee. 2024, c. 17, s. 236