Labor Relations Code: Management Employees as Replacement Workers

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  1. During a lockout or strike authorized by this Code an employer must not use the services of a person, whether paid or not,
    1. who is hired or engaged after the earlier of the date on which the notice to commence collective bargaining is given and the date on which bargaining begins,
    2. who ordinarily works at another of the employer's place of operations,
    3. who is transferred to a place of operations in respect of which the strike or lockout is taking place, if he or she was transferred after the earlier of the date on which the notice to commence bargaining is given and the date on which bargaining begins, or
    4. who is employed, engaged or supplied to the employer by another person to perform
    5. the work of an employee in the bargaining unit that is on strike or locked out, or
    6. the work ordinarily done by a person who is performing the work of an employee in the bargaining unit that is on strike or locked out.
  2. An employer must not require any person who works at a place of operations in respect of which the strike or lockout is taking place to perform any work of an employee in the bargaining unit that is on strike or is locked out without the consent of the person.
  3. An employer must not:
    • refuse to employ or continue to employ a person,
    • threaten to dismiss a person or otherwise threaten a person,
    • discriminate against a person in regard to employment or a term or condition of employment, or
    • intimidate or coerce or impose a pecuniary or other penalty on a person, because of the person's refusal to perform any or all of the work of an employee in the bargaining unit that is on strike or locked out.