No Lockout Pending Grievance and Arbitration Procedure. The Company agrees it will not create or institute any lockout of the employees with respect to any dispute between the Company and the Union or the Company and its employees until all provisions of this Agreement relating to grievance and arbitration procedure have been complied with, unless failure to comply with such procedure is due to any act or refusal to act or misconduct of the Union or its employees.
No Lockout Pending Grievance and Arbitration Procedure. Sections 3 and 4 are somewhat redundant given the current content in the Labour Relations Code of BC. The intent of these sections was to prohibit strikes or lockouts during the term of the agreement through contractual reinforcement of the use of the grievance and arbitration procedures. Part 5 of the Labour Relations Code now has an impact on the applicability of Sections 3 and 4 of the collective agreement. Section 57 of the Labour Relations Code prohibits strikes or lockouts during the term of the collective agreement. Section 58 prohibits strikes or lockouts during continued operation of a collective agreement. At any point that a member company experiences any form of an illegal work stoppage, which may include an outright illegal strike, sitdown, overtime ban or slowdown, the staff at CONIFER should be notified, along with the officials at the Local Union. Companies who wish to develop more elaborate policy guidelines to address illegal work stoppages are advised to contact CONIFER for assistance. Text:
