Sure. Two timeframes are contemplated in the statute. The statute provides that the parties are supposed to determine these issues before they acquire the right to strike or lockout. If they fail to do so and the minister refers the question to the board before the right to strike or lockout is acquired, then the right to strike or lockout is deferred until the board makes its determination.
But in cases where the board has determined there's no essential service and the parties are able to go on strike or to lockout, there's a provision to go back to the board. But the parties have already acquired and exercised their right to strike or lockout, so that continues if the question is only put before the board after the strike starts.
So yes, the law contemplates a process whereby you get this determination before you acquire the right. But if that hasn't been done and the right has been acquired, then that right is not lost when the question is put back in front of the board.
Is that helpful?