Federal Public Sector Labour Relations Act — P-33.3 196
Participation prohibited 196 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 esta