Pre-Strike And Pre-Lockout Notice-Process Requirements

Sections 60(3) and 61(3) of the Labour Relations Code require that strike/lockout notice be “served”. The purpose of this requirement is to ensure that, in an expedited context, the Board is satisfied the document has been received.

While Labour Relations Board Rule 6(2) expressly contemplates that “delivery” may be effected by fax, Rule 6(1) does not expressly contemplate “service” by fax.

Where parties choose to serve strike/lockout notice by fax, they are responsible for satisfying the Board the document was received, if a dispute arises.

Please note that the Board’s practice of confirming that a strike/lockout notice has been received by the other party has ended.

This will also serve as a reminder that Notice of Strike or Lockout received by the Board after 4:00 p.m. will be treated as if received at 8:00 a.m. the next business day, unless special arrangements have been made in advance with the Director of Mediation, Registrar, or Deputy Registrar.

Strike/lockout notices should include the Employer/Trade Union contact names, addresses, postal codes and fax numbers.

Labour Relations Regulation Sections 14 and 15 read as follows:

Vote complete
14. For the purpose of Sections 60 and 61 of the Code, a vote shall be deemed to have been taken when the bargaining agent receives the copy of the return of poll from the returning officer.

Copy of return to be sent to Board
15. When the bargaining agent receives a return of poll from the returning officer, it must promptly send a copy of the return of poll to the Associate Chair of the Mediation Division.

Consequently, notice will not be acknowledged by the Board until such time as the required “return of poll” is filed with the Board.

*Health Care: If the Employer is a member of the Health Employers Association of British Columbia (HEABC) or Community Social Service Employers Association (CSSEA) please copy the appropriate agency. For HEABC sites it may also be helpful to add the essential service (SEN) number on the notice.

Thank you for your attention to these matters.


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CAAB
(Collective Agreement Arbitration Bureau)