104(1)Where it is alleged by the employer that employees are engaged in a strike in contravention of section 102 or an employee organization has declared or authorized a strike of employees, the effect of which is or would be to involve the participation of an employee in a strike in contravention of section 102, the employer may apply to the Board for a declaration that the strike is or would be unlawful.

104(1.1)Notwithstanding any other provision of this Act or the regulations, the Chairperson or such other person as may be designated by the Chairperson to act on his or her behalf, shall, within twenty-four hours after an employer applies for a declaration under subsection (1) or within such longer period as the parties may agree, and after affording an opportunity to the employees or the employee organization to be heard on the application, make the declaration applied for or shall dismiss the application.

104(2)Where it is alleged by a bargaining agent for a bargaining unit that the participation of employees included in the bargaining unit in a strike authorized or declared, or proposed to be authorized or declared, by the bargaining agent is not or would not be in contravention of section 102, the bargaining agent may apply to the Board for a declaration that the strike is or would be lawful and the Board, after affording an opportunity to the employer to be heard on the application, may make such a declaration.

104(3)Where it is alleged by a bargaining agent for a bargaining unit that the employer has, other than in accordance with subsection 76(4) or 76.1(2), locked-out the employees in the bargaining unit from their place of employment or has otherwise refused to permit the employees in the bargaining unit to work, and has refused to pay them, the bargaining agent may apply to the Board for a declaration that the actions of the employer are in contravention of subsection 76(4) or 76.1(2).

104(4)Notwithstanding any other provision of the Act or the regulations, the Chairperson or such other person as may be designated by the Chairperson to act on his or her behalf, shall, within twenty-four hours after a bargaining agent applies for a declaration under subsection (3) or within such longer period as the parties may agree, and after affording an opportunity to the employer to be heard on the application, make the declaration applied for or shall dismiss the application.

104(1)Where it is alleged by the employer that employees are engaged in a strike in contravention of section 102 or an employee organization has declared or authorized a strike of employees, the effect of which is or would be to involve the participation of an employee in a strike in contravention of section 102, the employer may apply to the Board for a declaration that the strike is or would be unlawful.

104(1.1)Notwithstanding any other provision of this Act or the regulations, the Chairperson or such other person as may be designated by the Chairperson to act on his or her behalf, shall, within twenty-four hours after an employer applies for a declaration under subsection (1) or within such longer period as the parties may agree, and after affording an opportunity to the employees or the employee organization to be heard on the application, make the declaration applied for or shall dismiss the application.

104(2)Where it is alleged by a bargaining agent for a bargaining unit that the participation of employees included in the bargaining unit in a strike authorized or declared, or proposed to be authorized or declared, by the bargaining agent is not or would not be in contravention of section 102, the bargaining agent may apply to the Board for a declaration that the strike is or would be lawful and the Board, after affording an opportunity to the employer to be heard on the application, may make such a declaration.

104(3)Where it is alleged by a bargaining agent for a bargaining unit that the employer has, other than in accordance with subsection 76(4), locked-out the employees in the bargaining unit from their place of employment or has otherwise refused to permit the employees in the bargaining unit to work, and has refused to pay them, the bargaining agent may apply to the Board for a declaration that the actions of the employer are in contravention of subsection 76(4).

104(4)Notwithstanding any other provision of the Act or the regulations, the Chairperson or such other person as may be designated by the Chairperson to act on his or her behalf, shall, within twenty-four hours after a bargaining agent applies for a declaration under subsection (3) or within such longer period as the parties may agree, and after affording an opportunity to the employer to be heard on the application, make the declaration applied for or shall dismiss the application.

104(1)Where it is alleged by the employer that employees are engaged in a strike in contravention of section 102 or an employee organization has declared or authorized a strike of employees, the effect of which is or would be to involve the participation of an employee in a strike in contravention of section 102, the employer may apply to the Board for a declaration that the strike is or would be unlawful.

104(1.1)Notwithstanding any other provision of this Act or the regulations, the Chairperson or such other person as may be designated by the Chairperson to act on his or her behalf, shall, within twenty-four hours after an employer applies for a declaration under subsection (1) or within such longer period as the parties may agree, and after affording an opportunity to the employees or the employee organization to be heard on the application, make the declaration applied for or shall dismiss the application.

104(2)Where it is alleged by a bargaining agent for a bargaining unit that the participation of employees included in the bargaining unit in a strike authorized or declared, or proposed to be authorized or declared, by the bargaining agent is not or would not be in contravention of section 102, the bargaining agent may apply to the Board for a declaration that the strike is or would be lawful and the Board, after affording an opportunity to the employer to be heard on the application, may make such a declaration.

104(3)Where it is alleged by a bargaining agent for a bargaining unit that the employer has, other than in accordance with subsection 76(4), locked-out the employees in the bargaining unit from their place of employment or has otherwise refused to permit the employees in the bargaining unit to work, and has refused to pay them, the bargaining agent may apply to the Board for a declaration that the actions of the employer are in contravention of subsection 76(4).

104(4)Notwithstanding any other provision of the Act or the regulations, the Chairperson or such other person as may be designated by the Chairperson to act on his or her behalf, shall, within twenty-four hours after a bargaining agent applies for a declaration under subsection (3) or within such longer period as the parties may agree, and after affording an opportunity to the employer to be heard on the application, make the declaration applied for or shall dismiss the application.