R.S., c. L-
2 Canada Labour Code
1 Section 87.6 of the Canada Labour Code is replaced by the following: Reinstatement of employees after strike or lockout 87.
6 At the end of a strike or lockout not prohibited by this Part, the employer must reinstate employees in the bargaining unit who were on strike or locked out, in preference to any other person, unless the employer has a valid reason not to reinstate those employees .
2 Subsection 94(2.1) of the Act is replaced by the following: Prohibitions relating to replacement workers (2.1)
During a strike or lockout not prohibited by this Part , no employer or person acting on behalf of an employer shall (a) use the services of a person to perform the duties of an employee in the bargaining unit on strike or locked out, if that person was hired during the period beginning on the day on which notice to bargain collectively was given and ending on the last day of the strike or lockout ; (b) use the services of a person employed by another employer, or the services of a contractor, to perform the duties of an employee in the bargaining unit on strike or locked out; (c) subject to section 87.4, use, in the place of employment where the strike or lockout has been declared, the services of an employee in the bargaining unit on strike or locked out; (d) use, in another place of employment of the employer, the services of an employee in the bargaining unit on strike or locked out; (e) use, in the place of employment where the strike or lockout has been declared, the services of an employee employed in another place of employment of the employer; or (f) use, in the place of employment where the strike or lockout has been declared, the services of an employee usually employed in that place of employment to perform the duties of an employee in the bargaining unit on strike or locked out. Protection of property (2.2)
Subsection (2.1) does not have the effect of preventing the employer from taking any necessary meas ures to avoid the destruction of, or serious damage to, the employer’s property. Exceptions (2.3)
Subsection (2.1) does not apply to (a) a person employed as a manager, superintendent or supervisor or an employer representative; or (b) a person serving as a director or officer of a corpor ation, unless the person has been designated to serve in that capacity for the person’s employer by the employees or by a certified trade union.
3 Paragraph 99(1)(b.3) of the Act is replaced by the following: (b.3) in respect of a failure to comply with subsection 94(2.1), by order, require the employer to stop using, for the duration of the dispute, the services of a person described in any of paragraphs 94(2.1)(a) to (f) ;
4 Section 100 of the Act is amended by adding the following after subsection (4): Hiring of replacement workers (5)
Every person who contravenes or fails to comply with subsection 94(2.1) is guilty of an offence and liable, on summary conviction, to a fine not exceeding ten thousand dollars for each day or part of a day during which the offence continues.
