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ARTICLE · 15 NOVEMBER 2023

A Statement On Replacement: Federal Bill Introduced To Ban Replacement Workers

Lawson Lundell LLP
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On November 9, 2023 the Minister of Labour introduced legislation to ban the use of replacement workers by federally regulated employers during labour disputes.

CanadaEmployment and HR
Nicole Skuggedal
Nicole Skuggedal
Dana V. Kiefer
Dana V. Kiefer
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On November 9, 2023 the Minister of Labour introduced legislation to ban the use of replacement workers by federally regulated employers during labour disputes. A replacement worker is a person who does the work of a unionized worker who is on strike or locked out.

Currently, Part I of the Canada Labour Code only prohibits employers from using replacement workers if they are using them to undermine a union's ability to represent its members. Under this limited ban, a replacement worker is anyone who is assigned to do the work of an employee on strike or locked out, and (i) is not in the bargaining unit that is on strike or locked out, or (ii) is in the bargaining unit, but was hired after the date which notice to bargain was given.

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