Peter & Harvey Furs and Local 275 had previously entered into a collective agreement that explicitly prohibited strikes and lockouts before the end of the calendar year. However, on July 30, the union applied to the labour relations board to request a strike vote, referring to the labour legislation that stated, “Employers are prohibited from imposing conditions in contracts of employment which would restrain employees from exercising rights under this Act.”

Peter & Harvey has countered by seeking an order to prevent the strike vote by its employees. To support its position, it made reference to another section of the relevant legislation which provides that “This section does not affect agreements between employer and union.”

Prepare an argument for the resolution of these two apparently contradictory provisions, first arguing on behalf of the employer and then on behalf of the union. Explain your reasoning in each case.