45.4. Strikes and lock-outs are prohibited in a sector unless there has been mediation and at least 21 days have elapsed since the expiry of the mediation.
A strike is permitted from the expiry of the 21 days referred to in the first paragraph, provided that it is called for all the employees working in the sector and that it has been authorized, by secret ballot, by a majority of the voting members of at least three associations whose representativeness is 50% or more.
A lock-out is permitted from the same time provided that it is imposed by the sector-based employers’ association of the sector for all the employers carrying out construction work or causing construction work to be carried out in the sector and that the lock-out is authorized by secret ballot and on the conditions and according to the procedure applicable to the making of an agreement referred to in the first paragraph of section 44.
A strike or a lock-out begins on the day a notice to that effect is filed with the Minister by each of the associations having acquired the right to strike in accordance with the second paragraph, or by the sector-based employers’ association referred to in the third paragraph. A copy of the notice must be sent to the parties and to the Commission.
However, strikes and lock-outs are prohibited in a sector from the day after the day on which the parties to a dispute in that sector agree to refer the dispute to arbitration.
They are also prohibited at all times in respect of a matter referred to in section 61.1.
1993, c. 61, s. 28; 1995, c. 8, s. 27; 1998, c. 46, s. 107; 2011, c. 30, s. 35.