The Filing of Strike/Lockout Notice with the Labour Relations Board
Purpose
The
purpose of this Practice Guideline is to explain the Board’s requirements for filing
with the Board strike notice by a trade union (or a council of trade unions) or lockout
notice by an employer (or an employers’ organization).It is not a legal document and is subject to the provisions of the Labour Relations Code, the Labour Relations
Regulation and the Labour Relations Board Rules.
The
Legislation
Section 60(3)(b)(ii) of the Code provides
that a strike may not occur until 72 hours has elapsed from the time that written strike
notice has been served by the trade union on the employer and filed with the Board.
Similarly, Section 61(3)(b)(ii) prescribes
that a lockout may not occur until 72 hours has elapsed from the time that written lockout
notice has been served by the employer on the trade union and filed with the Board.
Filing strike or lockout notice by
one party on the other party and with the Board commences the 72 hour waiting period
preceding a strike or lockout. The notice period may be extended by the Board for the
protection of perishable property or other property or persons affected by perishable
property (Sections 60(4) and 60(5), 61(4) and 61(5)). The notice period may also be
extended by agreement in writing between the trade union and employer or employers'
organization affected.
Procedure
·
At the same time as written strike or lockout notice is served by one party
on the other, the written notice shall be
filed with:
Associate Chair, Mediation Division
Labour Relations Board 5th Floor,
1066 West Hastings Street
Vancouver, BC V6E 3X1
Phone: (604) 660-1300
Fax: (604) 660-1892
"Filing"
the strike or lockout notice occurs when the written notice of the strike or lockout is
received by the Associate Chair, Mediation Division. The written notice may be filed by
personal delivery, courier, Canada Post or by facsimile.
·
The written strike or lockout notice should be filed with the Associate
Chair, Mediation Division, during normal business hours, Monday to Friday, excluding
statutory holidays, 8:00 a.m. to 4:00 p.m.When
the notice is received during these "normal business hours," the 72 hour waiting
period will commence at the time of receipt. When the notice is received outside of these
hours, it will be treated as if received at 8:30 a.m. on the next business day.
·
If a party wishes to serve strike or lockout notice on the other party on a
Saturday, Sunday or statutory holiday, and wishes to have the 72 hours' notice period
commence on that day rather than on the next business day, advance arrangements for filing
the notice with the Board must be made directly with the Associate Chair, Mediation
Division or his or her designate.
·
When written notice of a strike or lockout is provided by one party to the
other and is also filed with the Board, the Associate Chair, Mediation Division, will
acknowledge receipt of the written notice to the parties and will stipulate the time when
the 72 hours notice period has commenced. Therefore, when filing the written notice, the
party filing it must provide current addresses, phone numbers, and facsimile numbers for
both parties.
·
Pursuant to Sections 60(6) and 61(6) of the Code, if facilities, productions
or services have been designated as essential services and a strike does not occur on
expiration of the 72 hour notice period, the union which provided the notice must give the
other party and the Board a new notice of at least 72 hours before commencing the strike.The procedure for filing the strike notice is
otherwise the same as outlined above.
