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A trade union and an employer may agree in writing to

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A trade union and an employer may agree in writing to specifically exclude theoperation of this section.Rights preservedThis Code must not be construed to prohibit the suspension or discontinuance by anemployer of operations in the employer's establishment, in whole or in part, for a(a)(b)(5)(a)(b)(6)(1)62(a)(b)(2)(a)(b)(3)(1)63
2021-08-28, 11:15 PMLabour Relations CodePage 43 of 84cause not constituting a lockout.The burden of proof that operations in his or her establishment are or weresuspended or discontinued for a cause not constituting a lockout is on the employer.An act or omission by a trade union or by the employees does not constitute a strikeifit is required for the safety or health of those employees, orit is permitted under a provision of a collective agreement by which anemployer agrees that employees within the bargaining unit covered by thecollective agreement are not required to work in association with personswho are not members ofthe trade union representing the bargaining unit, oranother trade union contemplated by the collective agreement.InformationA trade union or other person may, at any time and in a manner that does not constitutepicketing as defined in this Code, communicate information to a person, or publiclyexpress sympathy or support for a person, as to matters or things affecting or relatingto terms or conditions of employment or work done or to be done by that person.PicketingIn this section:"ally"means a person who, in the board's opinion, in combination, in concert or inaccordance with a common understanding with an employer assists the employer ina lockout or in resisting a lawful strike;"common site picketing"means picketing at or near a site or place where2 or more employers carry on operations, employment or business, andthere is a lockout or lawful strike by or against one of the employersreferred to in paragraph (a), or one of them is an ally of an employer by oragainst whom there is a lockout or lawful strike.A person who, for the benefit of a struck employer, or for the benefit of an employerwho has locked out, performs work, supplies goods or furnishes services of a natureor kind that, except for a lockout or lawful strike, would be performed, supplied orfurnished by the employer, must be presumed by the board to be the employer's allyunless he or she proves the contrary.A trade union, a member or members of which are lawfully on strike or locked out,(2)(3)(a)(b)(i)(ii)64(1)65(a)(b)(2)(3)
2021-08-28, 11:15 PMLabour Relations CodePage 44 of 84or a person authorized by the trade union, may picket at or near a site or placewhere a member of the trade union performs work under the control or direction ofthe employer if the work is an integral and substantial part of the employer'soperation and the site or place is a site or place of the lawful strike or lockout.

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Trade union

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