38. If no collective agreement has been reached by the parties on the 150th day after the day the right to strike or to a lock-out is acquired, the employer must notify the minister responsible for the administration of the Labour Code (chapter C-27) and send a copy of the notice to the certified association. The parties may jointly inform the minister responsible for the administration of the Labour Code that they are extending the period provided for in the first paragraph to the 180th day.
The employer may defer sending the notice if an agreement in principle is being examined by the employees. If the agreement is rejected, the employer must send the notice within seven days of the rejection.
If the employer fails to send the notice within the prescribed time, the certified association may do so itself.
2016, c. 242016, c. 24, s. 38.