C-27 - Labour Code

Section 109.1 Disposition versions

2019-10-30

109.1. For the duration of a strike declared in accordance with this Code or a lock-out, every employer is prohibited from

(a)  utilizing the services of a person to discharge the duties of an employee who is a member of the bargaining unit then on strike or locked out when such person was hired between the day the negotiation stage begins and the end of the strike or lock-out;

(b)  utilizing, in the establishment where the strike or lock-out has been declared, the services of a person employed by another employer or the services of another contractor to discharge the duties of an employee who is a member of the bargaining unit on strike or locked out;

(c)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee who is a member of the bargaining unit then on strike or locked out unless

i.  an agreement has been reached for that purpose between the parties, to the extent that the agreement so provides, and, in the case of an institution contemplated in section 111.2, unless the agreement has been approved by the Tribunal;

ii.  in a public service, a list has been transmitted or, in the case of an institution contemplated in section 111.2, approved pursuant to Chapter V.1, to the extent that the list so provides;

iii.  in a public service, a decision has been rendered pursuant to section 111.0.24;

(d)  utilizing, in another of his establishments, the services of an employee who is a member of the bargaining unit then on strike or locked out;

(e)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee he employs in another establishment;

(f)  utilizing, in an establishment where a strike or a lock-out has been declared, the services of a person other than an employee he employs in another establishment, except where the employees of the latter establishment are members of the bargaining unit on strike or locked out;

(g)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee he employs in the establishment to discharge the duties of an employee who is a member of the bargaining unit on strike or locked out.

1977, c. 41, s. 53; 1978, c. 52, s. 2; 1982, c. 37, s. 2; 1983, c. 22, s. 88; 1985, c. 12, s. 83; 1992, c. 21, s. 375; 2011, c. 16, s. 130; 2015, c. 15, s. 237; 2019, c. 20, s. 1.

2016-01-01

109.1. For the duration of a strike declared in accordance with this Code or a lock-out, every employer is prohibited from

(a)  utilizing the services of a person to discharge the duties of an employee who is a member of the bargaining unit then on strike or locked out when such person was hired between the day the negotiation stage begins and the end of the strike or lock-out;

(b)  utilizing, in the establishment where the strike or lock-out has been declared, the services of a person employed by another employer or the services of another contractor to discharge the duties of an employee who is a member of the bargaining unit on strike or locked out;

(c)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee who is a member of the bargaining unit then on strike or locked out unless

i.  an agreement has been reached for that purpose between the parties, to the extent that the agreement so provides, and, in the case of an institution contemplated in section 111.2, unless the agreement has been approved by the Tribunal;

ii.  in a public service, a list has been transmitted or, in the case of an institution contemplated in section 111.2, approved pursuant to Chapter V.1, to the extent that the list so provides;

iii.  in a public service, an order has been made by the Government pursuant to section 111.0.24.

(d)  utilizing, in another of his establishments, the services of an employee who is a member of the bargaining unit then on strike or locked out;

(e)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee he employs in another establishment;

(f)  utilizing, in an establishment where a strike or a lock-out has been declared, the services of a person other than an employee he employs in another establishment, except where the employees of the latter establishment are members of the bargaining unit on strike or locked out;

(g)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee he employs in the establishment to discharge the duties of an employee who is a member of the bargaining unit on strike or locked out.

1977, c. 41, s. 53; 1978, c. 52, s. 2; 1982, c. 37, s. 2; 1983, c. 22, s. 88; 1985, c. 12, s. 83; 1992, c. 21, s. 375; 2011, c. 16, s. 130; 2015, c. 15, s. 237.

2011-10-01

109.1. For the duration of a strike declared in accordance with this Code or a lock-out, every employer is prohibited from

(a)  utilizing the services of a person to discharge the duties of an employee who is a member of the bargaining unit then on strike or locked out when such person was hired between the day the negotiation stage begins and the end of the strike or lock-out;

(b)  utilizing, in the establishment where the strike or lock-out has been declared, the services of a person employed by another employer or the services of another contractor to discharge the duties of an employee who is a member of the bargaining unit on strike or locked out;

(c)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee who is a member of the bargaining unit then on strike or locked out unless

i.  an agreement has been reached for that purpose between the parties, to the extent that the agreement so provides, and, in the case of an institution contemplated in section 111.2, unless the agreement has been approved by the Commission;

ii.  in a public service, a list has been transmitted or, in the case of an institution contemplated in section 111.2, approved pursuant to Chapter V.1, to the extent that the list so provides;

iii.  in a public service, an order has been made by the Government pursuant to section 111.0.24.

(d)  utilizing, in another of his establishments, the services of an employee who is a member of the bargaining unit then on strike or locked out;

(e)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee he employs in another establishment;

(f)  utilizing, in an establishment where a strike or a lock-out has been declared, the services of a person other than an employee he employs in another establishment, except where the employees of the latter establishment are members of the bargaining unit on strike or locked out;

(g)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee he employs in the establishment to discharge the duties of an employee who is a member of the bargaining unit on strike or locked out.

1977, c. 41, s. 53; 1978, c. 52, s. 2; 1982, c. 37, s. 2; 1983, c. 22, s. 88; 1985, c. 12, s. 83; 1992, c. 21, s. 375; 2011, c. 16, s. 130.

1992-10-01

109.1. For the duration of a strike declared in accordance with this Code or a lock-out, every employer is prohibited from

(a)  utilizing the services of a person to discharge the duties of an employee who is a member of the bargaining unit then on strike or locked out when such person was hired between the day the negotiation stage begins and the end of the strike or lock-out;

(b)  utilizing, in the establishment where the strike or lock-out has been declared, the services of a person employed by another employer or the services of another contractor to discharge the duties of an employee who is a member of the bargaining unit on strike or locked out;

(c)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee who is a member of the bargaining unit then on strike or locked out unless

i.  an agreement has been reached for that purpose between the parties, to the extent that the agreement so provides, and, in the case of an institution contemplated in section 111.2, unless the agreement has been approved by the Conseil des services essentiels;

ii.  in a public service, a list has been transmitted or, in the case of an institution contemplated in section 111.2, approved pursuant to Chapter V.1, to the extent that the list so provides;

iii.  in a public service, an order has been made by the Government pursuant to section 111.0.24.

(d)  utilizing, in another of his establishments, the services of an employee who is a member of the bargaining unit then on strike or locked out;

(e)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee he employs in another establishment;

(f)  utilizing, in an establishment where a strike or a lock-out has been declared, the services of a person other than an employee he employs in another establishment, except where the employees of the latter establishment are members of the bargaining unit on strike or locked out;

(g)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee he employs in the establishment to discharge the duties of an employee who is a member of the bargaining unit on strike or locked out.

1977, c. 41, s. 53; 1978, c. 52, s. 2; 1982, c. 37, s. 2; 1983, c. 22, s. 88; 1985, c. 12, s. 83; 1992, c. 21, s. 375.

1985-06-19

109.1. For the duration of a strike declared in accordance with this Code or a lock-out, every employer is prohibited from

(a)  utilizing the services of a person to discharge the duties of an employee who is a member of the bargaining unit then on strike or locked out when such person was hired between the day the negotiation stage begins and the end of the strike or lock-out;

(b)  utilizing, in the establishment where the strike or lock-out has been declared, the services of a person employed by another employer or the services of another contractor to discharge the duties of an employee who is a member of the bargaining unit on strike or locked out;

(c)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee who is a member of the bargaining unit then on strike or locked out unless

i.  an agreement has been reached for that purpose between the parties, to the extent that the agreement so provides, and, in the case of an establishment contemplated in section 111.2, unless the agreement has been approved by the Conseil des services essentiels;

ii.  in a public service, a list has been transmitted or, in the case of an establishment contemplated in section 111.2, approved pursuant to Chapter V.1, to the extent that the list so provides;

iii.  in a public service, an order has been made by the Government pursuant to section 111.0.24.

(d)  utilizing, in another of his establishments, the services of an employee who is a member of the bargaining unit then on strike or locked out;

(e)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee he employs in another establishment;

(f)  utilizing, in an establishment where a strike or a lock-out has been declared, the services of a person other than an employee he employs in another establishment, except where the employees of the latter establishment are members of the bargaining unit on strike or locked out;

(g)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee he employs in the establishment to discharge the duties of an employee who is a member of the bargaining unit on strike or locked out.

1977, c. 41, s. 53; 1978, c. 52, s. 2; 1982, c. 37, s. 2; 1983, c. 22, s. 88; 1985, c. 12, s. 83.

1983-09-01

109.1. For the duration of a strike declared in accordance with this Code or a lock-out, every employer is prohibited from

(a)  utilizing the services of a person to discharge the duties of an employee who is a member of the bargaining unit then on strike or locked out when such person was hired between the day the negotiation stage begins and the end of the strike or lock-out;

(b)  utilizing, in the establishment where the strike or lock-out has been declared, the services of a person employed by another employer or the services of another contractor to discharge the duties of an employee who is a member of the bargaining unit on strike or locked out;

(c)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee who is a member of the bargaining unit then on strike or locked out unless

i.  an agreement has been reached for that purpose between the parties, but only to the extent that the agreement so provides;

ii.  a list has been submitted as stipulated in section 111.0.18 or 111.10 and to the extent that the list so provides; or

iii.  an order is made by the Government pursuant to section 111.0.24 or 111.13;

(d)  utilizing, in another of his establishments, the services of an employee who is a member of the bargaining unit then on strike or locked out;

(e)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee he employs in another establishment;

(f)  utilizing, in an establishment where a strike or a lock-out has been declared, the services of a person other than an employee he employs in another establishment, except where the employees of the latter establishment are members of the bargaining unit on strike or locked out;

(g)  utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee he employs in the establishment to discharge the duties of an employee who is a member of the bargaining unit on strike or locked out.

1977, c. 41, s. 53; 1978, c. 52, s. 2; 1982, c. 37, s. 2; 1983, c. 22, s. 88.

1982-12-01

109.1. Every employer is prohibited from:

(a)  utilizing the services of a person to discharge the duties of an employee represented by a certified association that has declared a strike in accordance with section 58 and if such is the case, sections 111.0.23, 111.11 and 111.12, or of an employee who is locked out when such person was hired between the day the negotiation stage begins in accordance with sections 53 or 111.7, and the end of the strike or lock-out;

(b)  utilizing, in an establishment where a strike has been declared in accordance with section 58 and, as the case may be, sections 111.0.23, 111.11 and 111.12, by a certified association or in an establishment where the employees are locked out, the services of an employee who is a member of the bargaining unit then on strike or locked out unless:

i.  an agreement has been reached for that purpose between the parties, but only to the extent that the agreement so provides;

ii.  a list has been submitted as stipulated in section 111.0.18 or 111.10 and to the extent that the list so provides;

iii.  an order is made by the Government pursuant to section 111.0.24 or 111.13;

(c)  utilizing in another of his establishments the services of an employee represented by a certified association that has declared a strike in accordance with section 58 and, as the case may be, sections 111.0.23, 111.11 and 111.12, or of an employee who is locked out;

(d)  utilizing in an establishment where a strike has been declared in accordance with section 58 and, as the case may be, sections 111.0.23, 111.11 and 111.12 by a certified association or in an establishment where the employees are locked-out, the services of employees employed in another establishment.

1977, c. 41, s. 53; 1978, c. 52, s. 2; 1982, c. 37, s. 2.

1978-06-23

109.1. Every employer is prohibited from:

(a)  utilizing the services of a person to discharge the duties of an employee represented by a certified association that has declared a strike in accordance with section 58 and if such is the case, sections 111, 111.11 and 111.12, or of an employee who is locked out when such person was hired between the day the negotiation stage begins in accordance with sections 53 or 111.7, and the end of the strike or lock-out;

(b)  utilizing, in an establishment where a strike has been declared in accordance with section 58 and, as the case may be, sections 111, 111.11 and 111.12, by a certified association or in an establishment where the employees are locked out, the services of an employee who is a member of the bargaining unit then on strike or locked out unless:

i.  an agreement has been reached for that purpose between the parties, but only to the extent that the agreement so provides;

ii.  a list has been submitted as stipulated in section 111.10 and to the extent that the list so provides;

iii.  an order is rendered under section 111; or

iv.  a decision is rendered by the Government pursuant to section 111.12;

(c)  utilizing in another of his establishments the services of an employee represented by a certified association that has declared a strike in accordance with section 58 and, as the case may be, sections 111, 111.11 and 111.12, or of an employee who is locked out;

(d)  utilizing in an establishment where a strike has been declared in accordance with section 58 and, as the case may be, sections 111, 111.11 and 111.12 by a certified association or in an establishment where the employees are locked-out, the services of employees employed in another establishment.

1977, c. 41, s. 53; 1978, c. 52, s. 2.

1978-02-01

109.1. Every employer is prohibited from:

(a)  utilizing the services of a person to discharge the duties of an employee represented by a certified association that has declared a strike in accordance with section 58 and if such is the case, section 111, or of an employee who is locked out when such person was hired between the day notice of negotiation was given, or is deemed to have been, and the end of the strike or lock-out;

(b)  utilizing, in an establishment where a strike has been declared in accordance with section 58 and, as the case may be, section 111, by a certified association or in an establishment where the employees are locked out, the services of an employee who is a member of the bargaining unit then on strike or locked out unless:

i.  an agreement has been reached for that purpose between the parties and to the extent that the agreement so provides;

ii.  an order is rendered under section 111 or a decision rendered under a law enabling the provision of essential services in the event of a labour dispute and, in such latter case, to the extent that such decision so provides;

(c)  utilizing in another of his establishments the services of an employee represented by a certified association that has declared a strike in accordance with section 58 and, as the case may be, section 111, or of an employee who is locked out;

(d)  utilizing, in an establishment where a strike has been declared in accordance with section 58 and, as the case may be, section 111 by a certified association or in an establishment where the employees are locked-out, the services of employees employed in another establishment.

1977, c. 41, s. 53.