Like the statutory freeze invoked following an application for certification, another statutory freeze occurs following the expiry of a collective agreement and notice to commence bargaining has been served.
Once such notice is served, the employer is prohibited from altering the conditions of employment until:
- a strike or lockout begins;
- a new agreement is reached; or,
- the union has been decertified, whichever occurs first.
However, in circumstances where the employer can establish proper cause, the employer maintains the right to suspend, transfer, layoff, discipline or discharge an employee during this period.
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