(2) A person does not stop being an employee within the meaning of this Act by reason only of his or her stopping work as the result of a lockout or strike or by reason only of dismissal contrary to this Act.

(3) Where in this Act the word "appropriate" is used with reference to a unit, that expression shall be taken to refer to a unit that is appropriate for collective bargaining whether it is an employer unit, craft unit, technical unit, plant unit or other unit, and whether or not the employees in the unit are employed by 1 or more employers.

(4) A person is for the purposes of section l4 considered to have an undue interest in a matter

(2) An employer has the right to be a member of an employers' organization and to participate in its activities.

(2) The board shall be composed of

(3) The Lieutenant-Governor in Council shall appoint the chairperson and members of the board, and when making the appointment of the members he or she shall prescribe the date for retirement of each member in accordance with subsection (2).

(4) The Lieutenant-Governor in Council shall appoint 1 or more persons to be vice-chairpersons of the board who shall hold office for 2 years, and shall, in accordance with the regulations that may be made, act in the place of the chairperson during the absence of the chairperson and the vice-chairperson is a member of the board while he or she is so acting.

(5) The Lieutenant-Governor in Council shall appoint

and an alternate appointed under this subsection holds office for 2 years and shall, while serving on the board, be considered to be a member of the board.

(6) The Lieutenant-Governor in Council may appoint as part-time members, to be called representative members, as many persons as he or she considers appropriate, but in numbers equally representative of employees and employers in the province, and the representative members hold office for 2 years and are to be considered to be members of the board only while serving on a panel of the board.

(7) Persons appointed under subsections (3), (4), (5) and (6) hold office during pleasure and are eligible for reappointment.

(8) Where a vacancy occurs on the board, because of the death, illness, resignation or removal of a person or for other reasons, the Lieutenant-Governor in Council may appoint a person to fill the vacancy, and a person so appointed may serve for the unexpired portion of the term of the person whom he or she replaces.

(2) Notwithstanding that it is afterwards discovered that there was some defect in the appointment or qualification of a person purporting to be a member of the board, all acts done by the board are as valid as if that defect had not existed.

(3) The board shall have an official seal to be approved by the Lieutenant-Governor in Council.

(4) The affixing of the official seal of the board shall be certified by the chief executive officer of the board or by the person acting as secretary of the board.

(5) A contract or instrument that if entered into or executed by a natural person would not be required to be under seal may be entered into or executed on behalf of the board by a person generally or specially authorized by the board for that purpose.

(2) Subject to the direction of the board, the chief executive officer shall perform the powers and duties conferred or imposed on him or her by this Act.

(3) There may be employed in the manner provided by law a secretary and those officers and employees of the board that are necessary to enable the board to carry out its functions, and the Lieutenant-Governor in Council may fix their remuneration and terms of service.

(4) With the approval of the Minister of Justice, the board may employ or retain those full-time or part-time solicitors that may be necessary to enable the board to carry out its functions, at the remuneration that the Lieutenant-Governor in Council may fix.

(2) The chairperson shall preside at meetings of the panel of which he or she is a member and the vice-chairperson shall preside at meetings of all other panels.

(3) A panel consists of the chairperson, or the vice-chairperson if appointed by the chairperson, and the 2 representative members who are representative of employees and employers in the industry or service with which the matter before the panel is concerned.

(4) The Lieutenant-Governor in Council may, subject to making the appointment in accordance with subsection (3), fill a vacancy on a panel however caused.

(5) The chairperson may refer to a panel a matter that is before the board and to the board or another panel a matter that is before a panel.

(6) A panel stops existing when the matter it is considering is, in the opinion of the person acting as its chairperson, completed.

(2) A quorum of the board is the chairperson or the vice-chairperson and 2 of the other members referred to in subsection 6(2) equally representative of employees and employers; and a quorum of a panel is the chairperson, or the vice-chairperson if appointed chairperson of the panel under subsection 9(3), and all the other members of the panel.

(3) The decision of a majority of the members of the board or of a panel present and constituting a quorum at a proceeding is a decision of the board but where there is a tie vote the person acting as chairperson may cast a 2nd vote.

(4) Where a question arises whether a matter is one referred to a panel, the question shall be determined by the panel in the first instance, subject to final determination by the chairperson of the board.

(5) Where a panel deals with an aspect of a matter referred to it under section 9, all rules and regulations made under this Act and applicable to the board in similar circumstances apply, with the necessary changes, to the panel.

(2) A set of reasons given by the board under subsection (1) shall be filed with the secretary of the board and copies shall be provided to the minister and each of the parties.

(2) Each member of the board or of a panel shall, before acting as a member, take and sign before a person authorized to administer oaths or affirmations and file with the minister an oath or affirmation in the following form:

"I solemnly swear (affirm) that I will faithfully, truly and impartially to the best of my knowledge, skill and ability execute and perform the office of member (alternate member) of the Labour Relations Board (this panel of the Labour Relations Board) and that I will not, except in the discharge of my duties as a member (alternate member) of the board (panel), disclose to a person evidence or other matters brought before the board (panel)." (Where an oath is taken, add "So help me God".).

(2) The board or panel may receive or accept evidence and information on oath, affidavit or otherwise that it considers appropriate, whether or not that evidence or information is admissible as evidence in a court of law.

(2) A person or board authorized to exercise or perform powers or functions under subsection (1) has, for the purpose of exercising or performing those powers or functions, the powers that are or may be conferred on a commissioner under the Public Inquiries Act and he or she shall exercise or perform those powers or functions subject to the conditions attached to an order issued under subsection (1).

(2) A trade union, council of trade unions, employer or employers' organization may apply to the board for a determination of a matter referred to in paragraph 18(k).

(2) The board may review, rescind, amend, alter or vary an order or decision made by it or by a panel and may rehear an application before making an order in respect of it.

(2) Once an order or decision of the board or a panel is filed with the Registrar of the Supreme Court under subsection (1), that order or decision is enforceable as a judgment or order of that court.

(2) Subject to a provision of this Act requiring the board to hold a hearing, the board may hold those hearings that it considers advisable and may dispose of an application without a hearing notwithstanding the filing of a request for a hearing under this Act or rules made under subsection (1).

(2) An employer shall not be held to contravene subsection (1) by reason only that the employer

(2) An employer and a person acting on behalf of an employer shall not deny pension rights or benefits to which he or she would otherwise be entitled to an employee by reason only of his or her stopping work

(2) An employer shall not

because of that person having become a member, officer or representative of a trade union or his or her having done any of the things referred to in paragraphs (1)(a) to (d).

(3) A person, whether or not he or she is an employer, shall not seek by intimidation or coercion to compel an employee to become or refrain from becoming or stop being a member of a trade union.

(2) Except with the consent of the employer, but subject to an order made by the board under section 34, a trade union and a person acting on behalf of a trade union shall not attempt, at an employer's place of employment during the working hours of an employee of the employer, to persuade the employee to become or refrain from becoming or continuing to be a member of a trade union.

(2) A trade union referred to in subsection (1) may prescribe, as a preliminary to the admission of a person into that union, compliance with those qualifications for membership that are reasonable and non-discriminatory.

(3) Where an employee claims that he or she has been unfairly denied admission to or expelled from a trade union referred to in subsection (1), the employee may make a written complaint to the board signed by him or her and setting out simply and clearly the grounds on which his or her complaint is based.

(4) The board shall investigate complaints made to it under subsection (3), and shall give to the trade union and the employee concerned an opportunity to be heard and to cross-examine all witnesses not called by him or her.

(5) Where a matter referred to in subsection (4) has been heard by the board, it may, as in its opinion the evidence warrants, dismiss the complaint or order that the employee be admitted to or reinstated in the union and may order further that the complainant be reinstated in his or her employment, where in the opinion of the board the further order is desirable in the interest of justice.

(6) Where an order made by the board under subsection (5) is not complied with, the board may, on the request of the employee affected by the order and notwithstanding section 21, file a copy of the order with the Registrar of the Supreme Court and the order is enforceable as a judgment or order of that court.

(2) Nothing contained in subsection (1) excuses an employee from complying with the constitution, rules and by-laws of a union of which the employee becomes a member.

(3) Notwithstanding another Act, a provision in the constitution, rules or by-laws of a union that is designed or that operates to exclude a person referred to in subsection (1) from membership in the union is void.

(4) Nothing in this Act invalidates a provision in respect of seniority of employees that is contained in a collective agreement.

the board may make an order granting the authorized representative of the trade union designated in the order access to the employees on the premises.

(2) The board may, in an order made under subsection (1),

(2) An assignment under subsection (1) shall be made substantially in the following form:

(3) Unless the assignment is revoked in writing delivered to the employer, the employer shall remit the dues deducted to the trade union named in the assignment at least once each month together with a written statement of the names of the employees for whom the deductions were made and the amount of each deduction.

(4) Where an assignment is revoked, the employer shall give notice of the revocation to the assignee.

(5) An employer has no financial responsibility for fees or dues of an employee unless there are sufficient unpaid wages of that employee in the employer's hands.

(2) Where a collective agreement is not in force and a bargaining agent has not been certified under this Act for the unit, the application may be made at any time.

(3) Where a bargaining agent has been certified under this Act for the unit but a collective agreement is not in force or collective bargaining has not started, the application may not be made before the expiry of 12 months from the date of certification of the bargaining agent except with the consent of the board.

(4) Where a collective agreement is in force an application for certification may be made

(5) Two or more trade unions claiming to have as members in good standing of the unions a majority of employees in a unit that is appropriate for collective bargaining may join in an application under this section and the provisions of this Act relating to an application by 1 union and all matters or things arising from them apply in respect of an application by the unions as if it were an application by 1 union.

(6) Where 2 or more trade unions have formed a council of trade unions, the council so formed may apply to the board for certification as a bargaining agent for a unit in the same manner as a trade union.

(2) Where as a result of an application for certification under this Act by a trade union, the board has determined that a unit of employees is appropriate for collective bargaining,

the board may certify the trade union as the bargaining agent of the employees in the unit.

(2) Where the board considers it desirable to do so, professional employees may, on the request of the majority of them, be formed into a unit restricted to members of 1 profession and employees who do work closely related to the work of those professional employees.

(2) Where the board does not find the proposed unit appropriate, it shall issue to the applicant its reasons for rejection and in those reasons the board shall indicate what unit it is prepared to find appropriate and in that event the applicant is, notwithstanding anything to the contrary in this Act, eligible to make a further application without delay.

the trade union or council of trade unions shall not be certified as a bargaining agent, and an agreement entered into between it and the employer shall be held not to be a collective agreement for the purpose of this Act.

alter rates of wages or another term or condition of employment of the employees, until the application has been granted, refused or withdrawn.

(2) Where an application for certification is made by a trade union, or a council of trade unions, the chief executive officer of the board shall, subject to the directions of the board, conduct the investigation that in his or her opinion is necessary to enable him or her to make a report to the board on the application.

(3) Where the chief executive officer is satisfied that the applicant has in its membership in good standing not less than 40% and not more than 50% of the employees in the unit, the chief executive officer shall take a representation vote and report the result to the board, and in that case the vote shall be taken as soon as the actual percentage of membership is determined.

(4) A representation vote shall be taken by secret ballot and in accordance with rules made under section 22, and the ballots shall be held for counting until the investigation and hearings of the board are completed.

(5) In making an inquiry respecting an application for certification as a bargaining agent, the board shall adhere to the date of the application as the operative date for determining support on the basis of membership records.

(2) Membership in a trade union that forms part of a council of trade unions is considered to be membership in the council of trade unions.

(3) Where a council of trade unions is certified by the board as the bargaining agent for a unit,

and, then, notwithstanding anything to the contrary in this Act, an employer shall not be required to bargain collectively with the bargaining agent.

(2) Notwithstanding subsection (1), where on the direction of the board a vote is taken to determine the wishes of the employees in a bargaining unit and

the board may revoke the certification or terminate the bargaining rights of the bargaining agent.

(3) Nothing in subsection (1) prevents the bargaining agent from making an application under section 36 in accordance with this Act and rules made under section 22.

(4) Where a certification has been revoked or the bargaining rights of a bargaining agent have been terminated under subsection (1), an agreement entered into on or before and in force at the date of the revocation or termination between the bargaining agent and the employer shall from that date be held not to be a collective agreement for the purpose of this Act.

(5) Subsection (4) shall not be applied in respect of a collective agreement relating to a special project.

(2) Where a certified council of trade unions is dissolved or a constituent trade union withdraws from a council of trade unions in accordance with subsection (1) and that council is a party to or is bound by a collective agreement, then, the constituent unions in the case of dissolution or the constituent union in the case of withdrawal from the council is bound by the collective agreement for its duration.

(2) For the purposes of this Division, an employee is, in respect of a sector and area applied for, a person who was on the payroll of an employer in that sector and area for the weekly payroll period immediately preceding the date of the application, or, where, in the opinion of the board, the payroll period is unsatisfactory for 1 or more of the unionized employers in the sector and area applied for, then, the other weekly payroll period of 1 or more of the employers that the board considers advisable.

and upon receipt by the minister and the bargaining agent of the lists and authorizations, the employers' organization shall be considered to be bargaining collectively, for all of the employers who gave their authorization.

(2) An authorization referred to in subsection (1) may be given by a director or other senior official of the employer, and that authorization shall be considered to be the authorization of the employer.

(3) Unless the employer gave notice to the minister and the bargaining agent that an employers' organization no longer represents him or her and a period of 30 days after the giving of the notice has expired, each employer on the list provided to the minister is bound by a collective agreement entered into by the organization on his or her behalf.

(2) Where an application is made under section 58, the board

(3) An employers' organization that discriminates against a person because of race, religion, creed, sex, martial status, political opinion, colour, or ethnic, national or social origin may not be accredited.

(4) An accredited employers' organization, and a person acting on behalf of an accredited employers' organization, shall not deny membership to an employer for whom it is the bargaining agent for a reason other than refusal or failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the employers' organization as a condition of acquiring or retaining membership in the organization.

(2) Where the board is of the opinion that appropriate authority has not been vested in the employers' organization, the board may dismiss or postpone disposition of the application to enable employers who are members of the employers' organization to vest in the organization whatever additional or other authority the board considers necessary.

the board may accredit the employers' organization as the sole collective bargaining agent to bargain on behalf of all unionized employers with all trade unions or councils of trade unions in the area and sector determined by the board as an appropriate unit.

(2) Notwithstanding subsection (1), the board shall not accredit an employers' organization to bargain on behalf of an unionized employer engaged in a special project.

(2) Notwithstanding subsection 64(1), when, at the time an employers' organization is accredited, a collective agreement between an employer referred to in subsection (1) of this section and a trade union or council of trade unions is in force, that collective agreement terminates and is no longer in force,

(2) Notwithstanding that an employer's membership in an accredited employers' organization is terminated, the accredited employers' organization may exercise all rights and shall discharge all duties and obligations acquired by or imposed on it under this Act on behalf of the employer until the accreditation has been revoked.

(2) A collective agreement shall not be individually negotiated between an employer in the sector and geographic area in respect of which an employers' organization has been accredited and a trade union or council of trade unions, and, where a collective agreement is entered into, it is void.

apply to the board for a declaration that the accreditation is revoked.

(2) Where the board is satisfied

the board may declare the accreditation of the employers' organization revoked.

(3) When an application is made under section 65 and the employers' organization informs the board that it does not wish to continue to represent the employers in the unit of employers, the board may declare the accreditation of the employers' organization revoked.

(2) The Lieutenant-Governor in Council may, with respect to an order made under subsection (1), prescribe

(3) Where the Lieutenant-Governor in Council declares an order under subsection (1), the Lieutenant-Governor in Council may include those conditions and qualifications with respect to any aspect of a special project that the Lieutenant-Governor in Council considers necessary or desirable.

(4) Where a declaration is ordered under subsection (1), an application made to the board under section 69 for a determination of the question whether an undertaking with which it is concerned is a special project is void whether or not that application is made before or after the declaration is ordered under subsection (1).

(2) Where a collective agreement provides for a period of notice to begin collective bargaining that is different from the period prescribed in subsection (1), the provisions of the collective agreement prevail.

(2) A bargaining committee referred to in subsection (1) may include 1 or more officers or other representatives of the trade union that is the bargaining agent of the employees in the collective bargaining and

(3) A bargaining committee shall, in respect of a bargaining unit,

and either party requests the minister in writing to instruct a conciliation officer to confer with the parties to help them in concluding a collective agreement or a renewal or revision of it and the request is accompanied by a statement of the difficulties that have been encountered before the beginning or in the course of the collective bargaining, or where, in another case, the minister considers it desirable to do so, the minister may instruct 1 or more conciliation officers to confer with the parties engaged in collective bargaining.

(2) Except with the consent of the minister and notwithstanding a law to the contrary, a conciliation officer or a member of the staff of the board shall not be required to give in evidence before a court, tribunal, board, commission or conciliation board, or before another body or person, information that he or she has received in the course of his or her duty as a conciliation officer or as a member of the staff of the board.

(2) The minister may, after notice to begin collective bargaining has been given under this Act, appoint a person, whether or not he or she is an employee in the public service, as a mediator to confer with the parties to the collective bargaining, where the minister is of the opinion that the appointment is likely to contribute to more harmonious industrial relationships between the parties.

(3) Where the minister has appointed a mediator after a conciliation officer has been appointed, the appointment of the conciliation officer is terminated.

(4) Sections 109 to 115 and 118 to 121 apply, with the necessary changes, to and in respect of a mediator appointed under this section as if he or she were a conciliation board.

(5) When in respect of a dispute the conditions prescribed in sections 98 and 99 have been fulfilled and the dispute has not been settled, or where the minister considers it necessary, he or she may appoint as a conciliator or mediator a person, whether or not he or she is an employee in the public service, designated by him or her who shall attempt to secure a settlement of a difference between the parties to the dispute and make a report within the time that the minister may indicate and prescribe in the appointment.

(2) The board shall proceed as directed by the minister under subsection (1) and where the board settles the terms and conditions of a 1st collective agreement they shall be considered to constitute the collective agreement between the trade union and the employer and to be binding on them and the employees, except to the extent that the trade union and employer agree in writing to vary those terms and conditions.

(2) A collective agreement, where it is for a term of less than a year, shall be considered to be for a term of 1 year from the date upon which it came into operation or, where it is for an indeterminate term, shall be considered to be for a term of at least 1 year from the date it came into operation and shall not, except as provided in section 50 or with the consent of the board, be terminated by the parties within a period of 1 year from that date.

(3) The parties to a collective agreement may, by written consent while the agreement is in force, vary, cancel or substitute other provisions for a provision in the agreement other than the provision relating to the term of the agreement.

(2) Where a collective agreement does not contain the provision required by subsection (1) the agreement shall be considered to contain the following provision:

(3) Where, in the opinion of the board, a part of the provisions for final settlement in a collective agreement, including the provisions for the method of appointment of an arbitrator or arbitration board, is inadequate the board may, on the written request of a party to the agreement, rule on the adequacy of those provisions, and where the board rules that those provisions are inadequate for the purposes of subsection (1), the provisions for final settlement set out in subsection (2) apply and shall be substituted for the provisions for final settlement contained in the agreement.

(4) A party to and a person bound by a collective agreement and a person on whose behalf the agreement was entered into shall comply with the provision for final settlement contained in the agreement or in subsection (2) and shall comply with a decision of an arbitrator or board of arbitrators appointed in accordance with that provision and do or abstain from doing anything required by that decision.

(2) In subsection (1) "regular union dues" means

(2) Where an arbitration board determines that an employee has been discharged or disciplined by an employer for cause, it may, except when the penalty is prescribed in the collective agreement that is binding upon the employees and employer, review and modify the penalty imposed by the employer and, in the case of the discharge of the employee, substitute another penalty that to it seems just and reasonable in the circumstances.

(3) An arbitration board appointed under this Act or under a collective agreement shall begin arbitration proceedings within 7 days after it is constituted and shall deliver its decision or award within 35 days after the beginning of the arbitration proceedings, but these limits may be extended by agreement of the parties concerned, and in that event the decision or award shall be delivered within that extended period.

(4) An arbitration board shall give its decision and award in writing and shall provide a copy of it to the minister within 3 days after it is made.

(5) An arbitration board appointed under this Act or under a collective agreement has the powers that are or may be conferred on commissioners under the Public Inquiries Act.

(2) The referral of a question to the board under subsection (1) does not operate to suspend a proceeding before the arbitration board, unless the arbitration board decides that the nature of the question warrants a suspension of the proceeding or the board directs a suspension of the proceeding.

(2) Where an employer or employers' organization has entered into a collective agreement, then, notwithstanding anything to the contrary in this Act or in the collective agreement, a dispute or difference between the parties to the collective agreement, including persons bound by the collective agreement, relating to or involving

shall be submitted for final settlement to arbitration in accordance with this section in substitution for an arbitration or arbitration procedure provided for in the collective agreement.

(3) Where a dispute or difference arises between the parties to a collective agreement to which this section applies, during the period from the date of its termination to the date the requirements of section 98 have been met, this section applies to the settlement of the dispute or difference.

(4) Where a dispute or difference arises that the parties are unable to resolve on the day on which the dispute or difference arises, the parties to the dispute or difference shall agree by midnight of that day upon the appointment of a single arbitrator to arbitrate the dispute or difference.

(5) Where 1 of the parties advises the minister that a dispute or difference has arisen and that the parties to the dispute or difference have failed to comply with subsection (4) or (12), the minister shall, as soon as possible, appoint an arbitrator.

(6) The minister may, with the written consent of the employer or employers' organization and the bargaining agent representing the employees, appoint a person to be the arbitrator for the purposes of this section for the term of the collective agreement or for a term prescribed in the appointment, and where an appointment is made under this subsection, subsections (4) and (5) do not apply.

(7) The arbitrator appointed under subsection (4), (5) or (6), has the powers conferred on an arbitration board by this Act and, without restricting his or her power and authority, the arbitrator's decision is an order and may require

(8) The decision of the arbitrator shall be made within 48 hours of the time of appointment unless an extension is agreed upon by the parties.

(9) The parties to the dispute or difference are bound by the decision of the arbitrator from the time the decision is made and shall abide by and carry out a requirement contained in the decision.

(10) An arbitrator appointed under this section who makes a decision in respect of a dispute or difference shall make a report on it and transmit it to the minister and to the parties.

(11) The provisions of this Act relating to an arbitration board apply, with the necessary changes, to and in respect of an arbitrator appointed under subsection (4), (5) or (6).

(12) Where the parties to a dispute or difference agree before midnight of the day on which the dispute or difference arises to invoke a grievance procedure contained in the collective agreement instead of proceeding as required by subsection (4), the parties may so settle the dispute or difference and failing settlement by those means the parties may, notwithstanding anything in this section, proceed to settlement by arbitration under section 86.

(13) For the purposes of this section, "construction industry" means the on-site constructing, erecting, altering, decorating, repairing or demolishing of buildings, structures, roads, sewers, water mains, pipe lines, tunnels, shafts, bridges, wharves, piers, canals or other works.

then, unless the board otherwise directs, the collective agreement, certification, application, notice or entitlement to give notice continues in force and is binding upon the purchaser, lessee, trustee or a person otherwise acquiring the business.

(2) An employer, purchaser, lessee, transferee or a bargaining agent, trade union or council of trade unions or other person referred to in subsection (1) may apply to the board for the resolution of a question or problem that as a result of the sale, lease, transfer or disposition has arisen or may arise with respect to a collective agreement, certification, application notice or entitlement to give notice.

(3) Where an application is made under subsection (2), the board shall, by order, make whatever award, give whatever direction, or take other action that in its discretion the board considers appropriate, to resolve a relevant question or problem, and in particular may in that or a later order

(4) Notwithstanding anything to the contrary in this Act, a purchaser, lessee or transferee shall not be required to bargain with a bargaining agent with respect to employees to whom an application made under subsection (2) relates, until the board has disposed of that application.

(5) Where an application is made under subsection (2), the board may make an examination of records or other inquiries, and may hold hearings and take representation votes, that it considers necessary and prescribe the nature of evidence to be provided to the board.

(2) Before issuing an order under subsection (1), the board may make an examination of records or other inquiries, and may hold the hearings or representation votes, that it considers necessary and prescribe the nature of evidence to be provided to the board.

(3) Where the board makes an affirmative declaration under subsection (1), the successor for the purpose of this Act acquires the rights, privileges and duties of its predecessor, whether under a collective agreement or otherwise.

and the trade union, council of trade unions or employers' organization shall comply with the direction within the time prescribed by the board.

(2) Where a collective agreement is in force and a dispute arises between the parties to it with reference to the revision of a provision of the agreement that by virtue of the agreement is subject to revision during the term of the agreement, the employer who is bound by it or who is a party to it shall not declare or cause a lockout with respect to an employee bound by it or on whose behalf the collective agreement has been entered into, and no employee shall strike and no bargaining agent that is a party to the agreement shall declare or authorize a strike of the employee until the bargaining agent of the employees and the employer or representatives authorized by them on their behalf have bargained collectively and have failed to conclude an agreement on the matters in dispute, and

(2) A trade union that is not entitled to bargain collectively under this Act on behalf of a unit of employees shall not declare or authorize a strike of employees in that unit.

(2) Notwithstanding section 98 or 99, where the minister defers consideration of a request for the appointment of a conciliation board until after he or she receives the report of the conciliation officer appointed in the case, the period within which the minister shall decide whether or not to appoint a board does not begin until the date the minister receives the conciliation officer's report under section 106.

(2) For the purposes of this section, the minister may require that an officer of his or her department be present during the conduct of the vote.

(2) Where the minister decides to appoint a conciliation board, he or she shall, immediately by written notice, require each of the parties to nominate, within 7 days after receipt of notice, 1 person to be a member of the board; and, upon receipt of the nominations within 7 days, the minister shall appoint those persons members of the board.

(3) Where either of the parties to whom notice is given under this section fails or neglects to nominate a person within 7 days after receipt of notice, the minister shall appoint as a member of the conciliation board a person he or she considers appropriate for the purpose and the person shall be considered to have been appointed on the recommendation of the party who did not respond to the notice.

(4) The 2 members appointed under subsections (2) and (3) shall, within 5 days after the day on which the 2nd of them is appointed, nominate a 3rd person who is willing and ready to act to be a member and chairperson of the conciliation board and the minister shall appoint him or her a member and chairperson of the conciliation board.

(5) Where the 2 members appointed under subsection (2) or (3) fail or neglect to make a nomination within 5 days after the appointment of the 2nd member, the minister shall immediately appoint, as the 3rd member and chairperson of the conciliation board, a person who in his or her opinion is qualified and who has consented to so act.

(6) A person who has a monetary interest in the matters referred to the conciliation board or who is acting, or has within a period of 6 months preceding the date of his or her appointment acted, in the capacity of solicitor, legal adviser, counsel or paid agent of either of the parties shall not be appointed to or act as a member of a conciliation board.

(7) The members of a conciliation board shall be paid the remuneration that may be fixed by the Lieutenant-Governor in Council and those actual and reasonable expenses that are incurred by them in the discharge of their duties.

(8) When a conciliation board has been appointed, the minister shall immediately notify the parties of the names of the members of the board.

(9) Where the minister has given notice to the parties that a conciliation board has been appointed under this Act, it shall be presumed that the board described in the notice has been established in accordance with this Act, and no order may be made or process entered or proceeding taken in a court to question the granting or refusal of that board or to review, prohibit or restrain its establishment or its proceedings.

and the provisions of that section apply, with the necessary changes, to the appointment of members of a conciliation board required by a notice served under this section.

"I, A.B., make oath and say (affirm) that I will faithfully, truly and impartially to the best of my knowledge, skill, and ability, execute and perform the office of member of the conciliation board appointed to........................ and will not, except in the discharge of my duties, disclose to a person the evidence or other matter brought before the board." (Where an oath is taken, add "So help me God".).

(2) After a conciliation board has made its report, the minister may direct it to reconsider and clarify or amplify the report or a part of it or to consider and report on a new matter added to the statement of matters referred to it.

(3) Where the minister has requested the reconsideration, clarification or amplification of a report or a part of it or the consideration of and report on a new matter, under subsection (1) or (2), the report of the conciliation board concerned shall, for the purpose of this Act, be considered not to have been received by the minister until he or she receives the supplementary or additional report requested by him or her under either of those subsections.

(2) Except as otherwise provided in this Act, a conciliation board may determine its own procedure but shall give full opportunity to all parties to present evidence and to make representations.

(3) The chairperson may, after consultation with the other members of the board, fix the time and place of sittings of a conciliation board and shall notify the parties as to the time and place so fixed.

(4) The chairperson and 1 other member of a conciliation board constitute a quorum; but in the absence of a member, the other members shall not proceed unless the absent member has been given reasonable notice of the sitting.

(5) The decision of a majority of the members present at a sitting of a conciliation board is the decision of that board, and in the event that the votes are equal the chairperson has a 2nd or casting vote.

(6) The chairperson shall forward to the minister a detailed certified statement of the sittings of the conciliation board, and of the members and witnesses present at each sitting.

(7) The report of the majority of its members is the report of the conciliation board.

(2) A member of a conciliation board has the powers that are or may be conferred on a commissioner under the Public Inquiries Act.

(2) A person shall not break the seal affixed to a package filed with the minister in accordance with subsection (1), except under a written order of the minister for the purpose of obtaining documents or exhibits that are returnable to a person who filed them with the board for the purpose of its proceedings.

(3) Notwithstanding anything to the contrary contained in the Archives Act, the contents of a package filed with the minister in accordance with subsection (1) may be destroyed after the expiration of 3 years from the date it was filed under that subsection.

(2) An employer, an employers' organization or other person may make a complaint to the board

(3) A trade union, council of trade unions, employer, employers' organization or other person may make a complaint to the board

(2) Where the chairperson does not appoint an officer under subsection (1) or where the officer is unable to effect a settlement within the period that the chairperson thinks reasonable in the circumstances, the board may inquire into the complaint.

(3) The board may refuse to inquire into a complaint in respect of a matter that, in the opinion of the board, could be referred by the complainant to an arbitrator, arbitration board or other body under a collective agreement.

(4) Where, in the opinion of the board, a complaint is without merit, the board may reject the complaint.

(5) Where the board is satisfied after an inquiry that an employer, employers' organization, trade union, council of trade unions, employee or other person has failed to comply with subsections 122(1) to (3), the board

(6) Where a directive made by the board under subsection (5) is not complied with, the board may, on the request of an employee, trade union, council of trade unions, employer, employers' organization or other person affected by the directive, file a copy of the directive with the Registrar of the Supreme Court and that directive is enforceable as a judgment or order of that court.

(2) A person acting on behalf of an employer who declares or causes a lockout contrary to this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $300.

(2) An officer or representative of a trade union who contrary to this Act authorizes or participates in the taking of a strike vote of employees or declares or authorizes a strike contrary to this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $300.

(3) An employee of an employer who participates in or goes on a strike contrary to this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $100.

on summary conviction.

(2) Except as provided in subsection (1), no trade union or other person shall persuade or try to persuade anyone not to

(3) Expressions of sympathy or support, otherwise than by picketing, on the part of trade unions or others not directly concerned in the strike or lockout and persuasion and efforts to persuade by the use of circular, press, radio or television do not constitute a breach of subsection (2).

(4) Where a trade union or a corporation is convicted of a breach of subsection (2), it is liable on summary conviction to a fine not exceeding $1,000.

(5) Where a natural person is convicted of a breach of subsection (2), he or she is liable on summary conviction to a fine not exceeding $500 and in default of payment to imprisonment for a term not exceeding 3 months.

(2) Upon receipt of a report made to the minister under subsection (1), the minister shall provide a copy to each of the parties affected and shall, where he or she considers it desirable to do so, publish the report in the manner that he or she thinks appropriate.

(3) The minister shall take into account a report made under this section or an action taken by the board upon a complaint referred to it under this Act in granting or refusing to grant consent to prosecute under section 133.

may make a written complaint to the board.

(2) A complaint made under subsection (1) shall be made within 90 days from the date on which the grievance first arose.

(3) The board shall investigate a complaint made to it under subsection (1) and determine whether there was a failure by the bargaining agent to act in good faith.

(4) A provision in this Act or a collective agreement that limits the time in which a grievance or arbitration proceeding shall begin or a decision made does not apply where a matter is referred to the board under this section.

(5) Where, on investigation of a complaint in accordance with subsection (3), the board finds that there was a failure to act in good faith by the bargaining agent concerned, the board shall direct that bargaining agent to take those steps that the board thinks appropriate in the circumstances.

(6) Where a collective agreement expires before a complaint is made to the board under subsection (1), or where a collective agreement expires before the board completes its investigation, the board may order the bargaining agent to compensate the employee to a reasonable extent that the board may prescribe.

(2) Information or a complaint in respect of a contravention of this Act may be for 2 or more offences and no information, complaint, warrant, conviction or other proceeding in a prosecution is objectionable or insufficient because of the fact that it relates to 2 or more offences.

(2) A written statement, signed by the minister, indicating that he or she has consented to the prosecution of a person named in the statement for an offence under this Act that is alleged to have started on a date set out in the statement is a sufficient consent for the purposes of this section to the prosecution of a person for an offence under this Act on or starting on the date.

(2) The deliberate misrepresentation of a fact or the deliberate withholding of a qualifying relevant matter, directly or indirectly made or done by or on behalf of an applicant, for an injunction referred to in this section constitutes a contempt of court.

(2) A document may be served or delivered for the purpose of this Act or a proceeding under the Act in the manner that may be prescribed by the regulations.

(2) For the purposes of subsection (1) or where in an industry a dispute or difference between employers and employees exists or is apprehended, the minister may refer the matters involved to a commission, to be designated as an Industrial Inquiry Commission, for investigation, as the minister considers expedient, and for report on them, and shall provide the commission with a statement of the matters that are to be inquired into, but where an inquiry involves particular persons, the minister shall advise those persons of the appointment.

(3) An Industrial Inquiry Commission shall consist of 1 or more members appointed by the minister.

(4) The chairperson and the members of an Industrial Inquiry Commission shall be paid the remuneration that may be fixed by the Lieutenant-Governor in Council and the actual and reasonable expenses that are incurred by them in the discharge of their duties.

(5) Immediately following its appointment an Industrial Inquiry Commission shall inquire into the matters referred to it by the minister and try to carry out its terms of reference and in the case of a dispute or difference in which a settlement has not been effected in the meantime, a report of the result of its inquires, including its recommendations, shall be made to the minister within 14 days of its appointment or the extension of time that the minister may grant.

(6) An Industrial Inquiry Commission has and may exercise, in the discharge of the terms of reference assigned to it, the powers of a conciliation board under this Act.

(7) Upon receipt of a report of an Industrial Inquiry Commission relating to a dispute or difference between employers and employees, the minister shall provide a copy to each of the parties affected and shall publish the report in the manner that he or she thinks appropriate.

(2) A trade union shall maintain an address in the province to which correspondence may be addressed and at which notices may be served.

(3) A trade union shall in writing inform the minister of the address it maintains in the province and shall immediately give the minister written notice of a change in that address.

(4) A summons, notice or other document may be served on a trade union by leaving it or sending it through the mail in a prepaid registered letter addressed to the union at its latest address in the province.

(5) Documents to be served by mail on a trade union shall be posted in such time as to admit of its being delivered in the course of delivery within the period prescribed for service and in proving service of the document, it is sufficient to prove that the document was properly directed and that it was put as a prepaid registered letter in the post office.

(2) The copy of the constitution, rules and by-laws mentioned in subsection (1) shall contain a complete statement of the objects and purposes of the trade union and a branch or local within the province.

(3) All amendments made to the constitution, rules or by-laws of a trade union shall likewise be certified and filed with the minister and a list mentioned in paragraph (1)(b) shall be filed within 30 days of the date of appointment or election of an officer referred to in that paragraph.

(2) Where a member of a trade union complains to the minister that the union has failed to comply with a request by him or her, under subsection (1), the minister may request the trade union to provide the minister with the financial statement described in subsection (1) and the trade union shall comply immediately with the request of the minister.

(2) An agreement made under subsection (1) may provide

(3) Where an agreement has been entered into under subsection (1) and the agreement so provides, the Minister of Labour for Canada, or other appropriate minister for Canada, the Canada Labour Relations Board and other officers and employees of the Government of Canada have and may exercise the powers and perform the duties prescribed in the agreement.