There are several preconditions to get into a legal position to strike or lockout:

• If an employer and union are party to a collective agreement, the agreement must have expired.
• In the case of a strike, a strike vote must have been held (see below for exceptions).
• A Conciliation Officer must have been appointed and a "no-board" issued (see below for details)

It is legal to strike or lockout beginning on the 17^th day after the minister issues the "no board" notice. For example, if the notice was issued on August 1^st, the parties can legally strike or lockout on or after August 18^th. (See Sections 79(2)(b) and 122(2)(b) of the Labour Relations Act, 1995).