Editing Canada Labour Code (section)

=== Part 1: Industrial Relations ===

This part of the Code is divided into seven divisions and deals with [[collective bargaining]], [[dispute resolution]], [[Strike action|strikes]] and [[Lockout (industry)|lockouts]]. It, first of all, establishes basic freedoms, in accordance with [[Freedom of Association and Protection of the Right to Organise Convention, 1948|Convention C87]] of the [[International Labour Organization]], by setting out that employees are "free to join the trade union of their choice and to participate in its lawful activities" [s.8(1)] and employers, likewise, are free to organize.

Divisions III, IV, V.1, and VI, set out the procedures and regulations for collective bargaining. In short, a trade union for employees or an organization representing employers must first be certified by the Canada Labour Relations Board, whose composition and procedures are detailed in Division II. The Code places a duty on the two sides to meet and negotiate "in good faith and make every reasonable effort to enter into a collective agreement" [s.50 (a) i,ii].

The role of the Canada Labour Relations Board is to interpret the code and to investigate allegations of unfair labour practices and failures to bargain in good faith. Division V details the role of the Federal Mediation and Conciliation Service. It is "responsible for fostering harmonious relations between trade unions and employers by assisting them in the negotiation of collective agreements and their renewal." [s.70.1(1)]  They are employees of Employment and Social Development Canada, formerly [[Department of Human Resources and Skills Development|Human Resources Development Canada]] and report to the [[Minister of Labour (Canada)|Minister of Labour]].

Divisions V.1 and VI set out conditions for strikes and lockouts. Before such [[work stoppage]]s occur a [[secret ballot]] vote must result in a majority wishing to proceed with a work stoppage. However, this cannot occur during the term of an agreement, only once it expires. The union (for strikes) or the employers (for lockouts) must give the Minister of Labour 72 hours' notice before the work stoppage can occur. The Minister can prevent or cease a work stoppage by appointing a conciliation officer, commissioner, or board, to mediate negotiations. Section 100 of the Code sets a limit of $1000 per day is set for illegal lockouts or strikes.

Also of note, Division IV sets out special arrangements for interruptions in employment due to technological change. It also allows union dues to be deducted from an employee's wages, and, in case of religious objections, forward the amount deducted to a registered [[Charitable organization|charity]] mutually agreed on by the employee and the trade union. Division V.1 prohibits work stoppages "to the extent necessary to prevent an immediate and serious danger to the safety or health of the public." [s.87.4(1)]