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:

 

  Director - Mediation Division & Conflict Resolution Programs
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 Director - Mediation Division & Conflict Resolution Programs. 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 Director - Mediation Division & Conflict Resolution Programs, 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 8:00 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 Director - Mediation Division & Conflict Resolution Programs 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 Director - Mediation Division & Conflict Resolution Programs, 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.

    Effective: 04/01/95
    Revised: 11/2012


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CAAB
(Collective Agreement Arbitration Bureau)