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