What you need to know about the special law that could end Quebec's construction strike

Even before 175,000 construction workers went on strike, the Quebec government was musing about the possibility of introducing back-to-work legislation.

Premier Philippe Couillard signalled his government would introduce legislation on Monday if the unions and construction companies can't reach a deal before then.

Labour Minister Dominique Vien has made it clear she would prefer a signed agreement, but would resort to a special law if need be.

• Follow the latest developments on the strike here

Here's what you need to know.

What is back-to-work legislation?

It's a special law passed by the government — either federal or provincial  — that orders an end to a labour-management dispute.

How does it work?

The legislation ends a strike or lockout by either imposing a binding arbitration process on the two parties involved in the labour dispute or a new contract without negotiation.

Under arbitration, the union and the employer submit what they are willing to accept to a government-appointed arbitrator and the arbitrator reaches a compromise position that both parties must legally accept.

When was it last used in Quebec?

The Couillard government ordered striking notaries and lawyers back to work earlier this year. The workers had been on strike for five months.

Is it being used more frequently?

Historically, back-to-work legislation was usually only enacted after a strike had gone on for at least some period of time, but that hasn't necessarily been the case in recent years. The Canadian Foundation for Labour Rights has tracked a rise in the number of instances where back-to-work legislation has been put into effect.

In the last three decades, the federal government alone passed 19 pieces of back-to-work legislation while provincial governments across the country have enacted 71 pieces of back-to-work legislation.

What is the government's argument?

The Quebec government has repeatedly said the strike will cost the province $45 million a day, with major projects across the province on hold. Couillard told reporters in Jerusalem last Thursday he's giving the sides the weekend to hammer out a deal.

"I have asked that the government take measures to be ready to act Monday,'' he said.

He did not want to say whether he will call back the legislature on Monday or whether the process would begin that day for the law to be tabled Tuesday.

What are labour groups saying?

Michel Trépanier, spokesperson for the alliance of unions, said they are hoping to settle the dispute at the bargaining table and that he doesn't like the idea of back-to-work legislation looming.

For workers, such a law represents "a serious erosion of a fundamental and universal human right, their right to organize into a union and engage in full and free collective bargaining," the Canadian Foundation for Labour Rights says.

What are employers saying?

Employer groups say they are ready to resume talks with unions, according to Éric Côté, a spokesperson for the Association de la construction du Québec (ACQ) who is negotiating on behalf of the employers.

More on this story:

• With construction already hurting business, Saint-Henri shops dread long general strike
• Quebec construction sites have gone quiet. Here are the big ones