Acts and Regulations

P-25 - Public Service Labour Relations Act

Section 102
Disposition versions

Full text
Strikes
102(1)No employee shall participate in a strike if
(a) he is not included in a bargaining unit for which a bargaining agent has been certified by the Board, or
(b) the employee is employed in a designated position.
102(2)No other employee shall participate in a strike
(a) where a collective agreement or arbitral award applying to the bargaining unit in which he is included is in force, or
(b) where no collective agreement or arbitral award applying to the bargaining unit in which he is included is in force, unless
(i) a deadlock has been declared by the Board in accordance with this Act,
(ii) at least seven days have expired from the date on which the bargaining agent for the relevant bargaining unit notified the Board and the employer that the employees in the relevant bargaining unit authorized strike action, and
(iii) at least 72 hours have expired from the time notice was given under subsection 76.1(1).
102(3)Where subsection (1) and subsection (2) are complied with employees may strike and during the continuance of the strike
(a) the employer shall not replace the striking employees or fill their position with any other employee, and
(b) no employee shall picket, parade or in any manner demonstrate in or near any place of business of the employer except in accordance with the standards established by regulation.
102(4)The Lieutenant-Governor in Council may, by regulation, establish standards for the purposes of paragraph (3)(b).
1968, c.88, s.102; 1990, c.30, s.42; 1994, c.52, s.5; 2022, c.63, s.17
Strikes
102(1)No employee shall participate in a strike if
(a) he is not included in a bargaining unit for which a bargaining agent has been certified by the Board, or
(b) the employee is employed in a designated position.
102(2)No other employee shall participate in a strike
(a) where a collective agreement or arbitral award applying to the bargaining unit in which he is included is in force, or
(b) where no collective agreement or arbitral award applying to the bargaining unit in which he is included is in force, unless
(i) a deadlock has been declared by the Board in accordance with this Act, and
(ii) at least seven days have expired from the date on which the bargaining agent for the relevant bargaining unit has notified the Board and the employer that the employees in the relevant bargaining unit have authorized strike action.
102(3)Where subsection (1) and subsection (2) are complied with employees may strike and during the continuance of the strike
(a) the employer shall not replace the striking employees or fill their position with any other employee, and
(b) no employee shall picket, parade or in any manner demonstrate in or near any place of business of the employer.
1968, c.88, s.102; 1990, c.30, s.42; 1994, c.52, s.5
Strikes and illegal strike activity
102(1)No employee shall participate in a strike if
(a) he is not included in a bargaining unit for which a bargaining agent has been certified by the Board, or
(b) the employee is employed in a designated position.
102(2)No other employee shall participate in a strike
(a) where a collective agreement or arbitral award applying to the bargaining unit in which he is included is in force, or
(b) where no collective agreement or arbitral award applying to the bargaining unit in which he is included is in force, unless
(i) a deadlock has been declared by the Board in accordance with this Act, and
(ii) at least seven days have expired from the date on which the bargaining agent for the relevant bargaining unit has notified the Board and the employer that the employees in the relevant bargaining unit have authorized strike action.
102(3)Where subsection (1) and subsection (2) are complied with employees may strike and during the continuance of the strike
(a) the employer shall not replace the striking employees or fill their position with any other employee, and
(b) no employee shall picket, parade or in any manner demonstrate in or near any place of business of the employer.
1968, c.88, s.102; 1990, c.30, s.42; 1994, c.52, s.5