95(1)Notwithstanding anything in this Act, where two or more employers, or two or more employers who are members of an employers’ organization, other than an accredited employers’ organization, are engaged in the same dispute with employees in the same bargaining unit, no employer shall lock-out his employees until after a vote has been taken of all such employers with employees in the unit as to whether to lock-out or not to lock-out and a majority of such employers representing a majority of such employees of such employers have voted in favour of a lock-out.

95(2)Notwithstanding anything in this Act, where an accredited employers’ organization is authorized to bargain for or on behalf of an employer, no such employer shall lock-out his employees in the bargaining unit until after a vote has been taken by the accredited employers’ organization of all such employers as to whether to lock-out or not to lock-out and a majority of all such employers with employees in the bargaining unit, employing a majority of such employees of all such employers, have voted in favour of a lock-out.

95(3)A vote taken under subsection (1) or (2) shall be taken by secret ballot and the vote shall be conducted in such a manner, whether by mail or otherwise, that those eligible to vote have ample opportunity to cast their ballots.

95(4)For the purposes of subsection (1) or (2), no employee shall be deemed to be an employee unless he has been on the payroll of his employer for the weekly payroll period immediately preceding the day of the vote.

95(5)For the purposes of subsection (2), an employer who does not vote shall not be counted in determining the number of employers eligible to vote and his employees shall not be counted in determining the number of employees in the unit.

95(6)Where a dispute arises with respect to subsections (1) to (5), the vote may be continued or discontinued subject to reference of the dispute to the Board.

95(7)Where, on a reference under subsection (6), a question arises as to whether the payroll period prescribed in subsection (4) is or was satisfactory, the Board may fix such other weekly payroll period for any one or more of the employers as it deems satisfactory and the decision of the Board is final and binding on all parties.

95(8)The Board, on a reference under subsection (6), may revise the returns on the vote, or set aside the vote, or order a new vote, or make such other decision as the circumstances may require and the decision of the Board is final and binding on all parties.

95(9)The result of a vote when in favour of a lock-out does not bind an employers’ organization or an employer to that course of action, but no employer shall declare a lock-out where, in accordance with subsection (1) or (2), the requisite majority of employers employing the requisite majority of the employees of the employers, have voted against a lock-out.