Part 5 - Strikes, Lockouts and Picketing Strikes and Lockouts Prohibited Before Bargaining and Vote


  1. A person must not declare or authorize a strike and an employee must not strike until a vote as to whether to strike has been taken in accordance with the regulations by the employees in the unit affected, and the majority of those employees who vote have voted for a strike.
  2. If on application by a person directly affected by a strike vote or an impending strike, or on its own behalf, the board is satisfied that a vote has not been held in accordance with subsection (1), the board may make an order declaring the vote of no force or effect and directing that if another vote is conducted, the vote must be taken on the terms the board considers necessary or advisable.
  3. Except as otherwise agreed in writing between the employer or employers' organization authorized by the employer and the trade union representing the unit affected, if the vote favours a strike,
    1. person must not declare or authorize a strike, and an employee must not strike, except during the 3 months immediately following the date of the vote, and
    2. an employee must not strike unless
      1. the employer has been served with written notice by the trade union that the employees are going on strike,
      2. written notice has been filed with the board,
      3. 72 hours or a longer period directed under this section has elapsed from the time written notice was
        1. filed with the board, and
        2. served on the employer, and
      1. if a mediation officer has been appointed under section 74, 48 hours have elapsed from the time the trade union is informed by the associate chair that the mediation officer has reported to him or her, or from the time required under subparagraph (iii) of this paragraph, whichever is longer.
  4. Despite subsection (3) (b) (iii), the board may direct a trade union to give more than 72 hours' notice of a strike, on application or on its own motion, for the protection of
    1. perishable property, or
    2. ther property or persons affected by perishable property.
  5. When the board makes a direction under subsection (4), the board
    1. must specify the length of the written notice required, and
    2. may specify terms it considers necessary or advisable.
  6. If facilities, productions or services have been designated as essential services under Part 6 and a strike that affects those facilities, productions or services does not occur on the expiry of the 72 hour period referred to in subsection (3) (b) (iii) or the longer period specified under subsection (5), the trade union must give to the employer and to the board a new strike notice of at least 72 hours before commencing a strike.