Prohibition of strikes and lock-outs during conciliation
92(1)Where a conciliation board has been appointed under this Act to conciliate a dispute between an employer and any of his employees otherwise than during the term of a collective agreement or in the course of collective bargaining, no employee shall strike and no employer shall lock-out any such employee, if a strike or lock-out is otherwise lawful under the provisions of this Act, until seven days have elapsed after the Minister has released to the parties the report of the conciliation board.
92(2)No employee shall strike and no employer shall lock-out any employee during the period of the proceedings and from the date of the report or award and during the period that the report or award or a collective agreement incorporating the report or award is in operation if
(a)
a party receives a request to arbitrate a first collective agreement under subsection 36.1(3), until the Board makes a decision under subsection 36.1(5),
(b)
the Board takes any action referred to in paragraph 36.1(5)(
b) or subsection 36.1(10), and that despite any right to strike or lock-out that would apply under subsection 71(5), or
(c)
a conciliation board has been appointed to conciliate a dispute between an employer and a trade union and the parties have agreed to be bound
(i)
by an award under section 69,
(ii)
by an award of an arbitrator or arbitration board appointed or constituted under section 79, or
(iii)
by an award of an arbitrator or arbitration board appointed or constituted under section 80.
92(2.1)If a request for the arbitrage of a first collective agreement under section 36.1 is rejected, the employees shall be permitted to strike and the employer permitted to lock-out its employees, as long as the conditions under this Act are complied with.
1971, c.9, s.93; 2017, c.44, s.3