Podcast
Questions and Answers
Under what conditions is a strike authorized?
Under what conditions is a strike authorized?
- When the association has been certified to represent the BU
- When the CBA has expired or can be legally re-opened
- When 90 days have passed since the receipt of a notice to negotiate
- When the strike is authorized by a majority vote of members of the certified association comprised in the BU (correct)
When is a lockout illegal?
When is a lockout illegal?
- When 90 days have passed since the receipt of a notice to negotiate
- When the right to strike has not been acquired (correct)
- When the CBA has expired or can be legally re-opened
- When the association has been certified to represent the BU
What is prohibited in all cases?
What is prohibited in all cases?
- A notice of strike vote at least 48 hours prior
- A work slowdown (correct)
- A strike
- A lockout
What must a strike vote be exclusively on?
What must a strike vote be exclusively on?
Who can vote in a strike vote?
Who can vote in a strike vote?
What happens to employer and employee obligations during a strike or lockout?
What happens to employer and employee obligations during a strike or lockout?
What is preserved despite work stoppage?
What is preserved despite work stoppage?
Can employees be terminated/sanctioned for reasons unrelated to the stoppage during a strike or lockout?
Can employees be terminated/sanctioned for reasons unrelated to the stoppage during a strike or lockout?
Can a strike be illegal for municipal or intermunicipal police and firemen?
Can a strike be illegal for municipal or intermunicipal police and firemen?
What can union statutes provide stricter rules for?
What can union statutes provide stricter rules for?
What recourse do employees have if not recalled after a strike or lockout?
What recourse do employees have if not recalled after a strike or lockout?
What can determine the end of a strike or lockout?
What can determine the end of a strike or lockout?
What can lead to criminal charges under Art. 423 of the Criminal Code?
What can lead to criminal charges under Art. 423 of the Criminal Code?
What is the consequence of illegal strikes or lockouts?
What is the consequence of illegal strikes or lockouts?
What can be issued to end illegal strikes or lockouts?
What can be issued to end illegal strikes or lockouts?
What must be maintained during a strike in public and para-public sectors?
What must be maintained during a strike in public and para-public sectors?
What must be provided before declaring a strike?
What must be provided before declaring a strike?
What does the anti-scab law prohibit during a strike?
What does the anti-scab law prohibit during a strike?
What topics must the collective agreement cover?
What topics must the collective agreement cover?
What can the employer use during a strike, as specified in the law?
What can the employer use during a strike, as specified in the law?
Study Notes
Quebec Labor Code: Key Points on Strikes, Lockouts, and Essential Services
- Employees can face termination for illegal strike activities, but have recourse under specific articles if not recalled after a strike or lockout.
- Dismissal for union activity is treated as a grievance to be filed by the union, and an arbitrator can intervene in cases of excessive sanctions.
- The end of a strike or lockout can be determined by signing a CBA approved by secret ballot, referral to an arbitrator, or a collective decision by the union.
- Picketing is a form of expression not specifically regulated, but illegal picketing can lead to criminal charges under Art. 423 of the Criminal Code.
- Sanctions for illegal strikes or lockouts can result in fines for unions, employers, and individuals, without requiring proof of individual intent.
- Injunctions can be issued to end illegal strikes or lockouts, and civil lawsuits can be filed for damages caused by illegal strikes.
- Essential services in public and para-public sectors must be maintained during a strike, as defined by the Minister of Labour and negotiated by the employer and union.
- Conditions for declaring a strike include reaching an agreement on minimum services and providing a 7-day strike notice to the appropriate parties.
- The anti-scab law prohibits the use of replacement workers during a strike, with specific prohibitions and exceptions outlined for the employer.
- The collective agreement must cover working conditions, labor standards, harassment, the Charter of the French Language, and occupational health and safety, among other topics.
- The content of the collective agreement cannot contradict public order and must adhere to specific legal requirements.
- The employer can use certain management employees and contractors during a strike, with limitations and conditions specified in the law.
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Description
Test your knowledge of the Quebec Labor Code's key points on strikes, lockouts, and essential services with this quiz. Explore the regulations surrounding illegal strike activities, dismissal for union activity, picketing, essential services, and the collective agreement. Brush up on the legal requirements and limitations for strikes and lockouts in Quebec.
