102(1)Where a trade union or a council of trade unions calls or authorizes a strike, or employees engage in a strike, that the employer or employers’ organization concerned alleges was or is unlawful, the employer or employers’ organization may apply to the Board for a declaration that the strike was or is unlawful, and the Board may make such declaration.

102(2)Where an employer or employers’ organization calls or authorizes a lock-out that any of the employees or the trade union or the council of trade unions concerned alleges was or is unlawful, any of the employees or the trade union or the council of trade unions may apply to the Board for a declaration that the lock-out was or is unlawful, and the Board may make such declaration.

102(3)A declaration made under this section does not affect any proceeding in any court or any proceeding under the provision of a collective agreement, where the question of a lawful or unlawful strike or a lawful or unlawful lock-out, as may be the case, is in issue.