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| Costs to be
paid by Her
Majesty
|
17. (1) Subject to subsection (2), all costs
relating to the establishment of each
Commission and the exercise of its duties
shall be paid by Her Majesty in right of
Canada.
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| Costs to be
paid by
employer and
unions
|
(2) The employer and the union
representing a bargaining unit in respect of
which a Commission was established shall
each pay their own costs incurred in relation
to the application of this Part, and each shall
pay the fees and expenses of the member of the
Commission who is appointed, or deemed to
have been appointed, by it.
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| Recovery
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(3) All amounts paid by Her Majesty in right
of Canada in respect of a Commission are
debts due to Her Majesty in right of Canada
and may be recovered as such, in equal parts,
in any court of competent jurisdiction from the
employer and the union representing the
bargaining unit in respect of which the
Commission was established.
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| Parties may
amend
collective
agreement
|
18. Nothing in this Part shall be construed
so as to limit or restrict the rights of the parties
to a collective agreement to agree to amend
any provision of any collective agreement the
term of which is extended by this Part or any
provision of any new collective agreement
established by this Part, other than a provision
relating to the term of the collective
agreement, and to give effect thereto.
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| Individuals
|
19. (1) An individual who contravenes any
provision of this Part is guilty of an offence
punishable on summary conviction and is
liable, for each day or part of a day during
which the offence continues, to a fine of not
more than
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(a) $50,000, where the individual was
acting in the capacity of an officer or
representative of the employer or a union
when the offence was committed; and
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(b) $1,000, in any other case.
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| Employer or
union
|
(2) Where the employer or a union
contravenes any provision of this Part, it is
guilty of an offence punishable on summary
conviction and is liable, for each day or part of
a day during which the offence continues, to
a fine of not more than $100,000.
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| No
imprisonment
|
20. Notwithstanding subsection 787(2) of
the Criminal Code, a term of imprisonment
may not be imposed in default of payment of
a fine that is imposed under section 19.
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| Recovery of
fines
|
21. Where a person is convicted of an
offence under section 19 and the fine that is
imposed is not paid when required, the
prosecutor may, by filing the conviction, enter
as a judgment the amount of the fine and costs,
if any, in a superior court of the province in
which the trial was held, and the judgment is
enforceable against the person in the same
manner as if it were a judgment rendered
against the person in that court in civil
proceedings.
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| Presumption
|
22. For the purposes of this Part, each union
is deemed to be a person.
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| Exception
|
23. Nothing in this Part applies in respect of
any collective agreement entered into after
January 1, 1995 and before the coming into
force of this Part.
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| Coming into
force
|
24. This Part and Schedule I shall come into
force on the expiration of the twelfth hour
after the time at which this Act is assented to.
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| Definitions
|
25. (1) In this Part,
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``collective
agreement''
« convention
collective »
|
``collective agreement'' means a collective
agreement between the employer and a
union that expired on December 31, 1993,
and includes any related arrangements
between the employer and the union
concerning terms and conditions of
employment or benefits related to
employment;
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``Commission
''
« commission
»
|
``Commission'' means a
Mediation-Arbitration Commission
established under this Part;
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``employee''
« employé »
|
``employee'' means a person who is employed
by the employer and is a member of a
bargaining unit represented by a union;
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``employer''
« employeur »
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``employer'' means Canadian Pacific Limited
carrying on business as CP Rail System;
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``Minister''
« ministre »
|
``Minister'' means the Minister of Labour;
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``union''
« syndicat »
|
``union'' means a trade union named in
Schedule II.
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| Words and
expressions
|
(2) Unless otherwise provided, words and
expressions used in this Part have the same
meaning as in Part I of the Canada Labour
Code.
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| Operations
|
26. On the coming into force of this Part,
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(a) the employer shall continue or forthwith
resume, as the case may be, operation of
railway and subsidiary services; and
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(b) every employee shall, when required to
do so, continue or forthwith resume, as the
case may be, the duties of that employee's
employment.
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| Obligations of
employer
|
27. Neither the employer nor any officer or
representative of the employer shall
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(a) in any manner impede any employee
from complying with paragraph 26(b); or
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(b) discharge or in any other manner
discipline, or authorize or direct the
discharge or discipline of, any employee by
reason of that employee's having been on
strike before the coming into force of this
Part.
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| Obligations of
unions
|
28. Each union and each officer and
representative of each union shall
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(a) forthwith on the coming into force of
this Part, give notice to the employees who
are members of a bargaining unit
represented by the union that, by reason of
that coming into force, railway and
subsidiary services are to be continued or
resumed, as the case may be, and that those
employees, when required to do so, are to
continue or forthwith resume, as the case
may be, the duties of their employment;
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(b) take all reasonable steps to ensure that
those employees comply with paragraph
26(b); and
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(c) refrain from any conduct that may
encourage employees to not comply with
paragraph 26(b).
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| Extension of
collective
agreements
|
29. (1) The term of each collective
agreement between the employer and a union
is extended to include the period beginning on
January 1, 1994 and ending on the day on
which a new collective agreement between
the employer and the union comes into effect.
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| Collective
agreements
binding for
extended term
|
(2) Each collective agreement extended by
subsection (1) is effective and binding on the
parties to it for the period for which it is
extended, notwithstanding anything in the
collective agreement or in Part I of the Canada
Labour Code, and Part I of that Act applies in
respect of the collective agreement as if that
period were the term of the collective
agreement.
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| Strikes and
lockouts
prohibited
|
30. During the term of each collective
agreement, as extended by subsection 29(1),
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(a) the employer shall not declare or cause
a lockout against the union that is a party to
the collective agreement;
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(b) no officer or representative of the union
that is a party to the collective agreement
shall declare or authorize a strike against
the employer; and
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|
(c) no employee who is bound by the
collective agreement shall participate in a
strike against the employer.
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| Mediation-Ar
bitration
Commissions
|
31. After the coming into force of this Part,
a Mediation-Arbitration Commission shall be
established in accordance with section 32 in
respect of each of the following bargaining
units and the Minister shall, subject to
subsection 32(8), refer to each Commission
all matters that at the time of the establishment
of the Commission remain in dispute between
the parties in relation to the conclusion of a
new collective agreement:
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(a) the bargaining unit of clerical
employees represented by the
Transportation Communications
International Union;
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(b) the bargaining unit of shopcraft
employees represented by the National
Automobile, Aerospace, Transportation
and General Workers Union of Canada
(CAW - Canada) pursuant to an order
issued by the Canada Labour Relations
Board on April 22, 1994;
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(c) the bargaining unit of maintenance of
way employees represented by the
Brotherhood of Maintenance of Way
Employees;
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(d) the bargaining unit of all running trades
employees represented by the Canadian
Council of Railway Operating Unions
pursuant to an order issued by the Canada
Labour Relations Board on August 9, 1993;
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(e) the bargaining unit of security personnel
represented by the Canadian Pacific Police
Association;
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(f) the bargaining unit of signallers and
other employees represented by the
International Brotherhood of Electrical
Workers; and
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(g) the bargaining unit of traffic controllers
and other employees represented by the
Rail Canada Traffic Controllers.
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| Composition
|
32. (1) Each Commission shall consist of a
Chairperson and two other members, one of
whom shall represent the union representing
the bargaining unit and the other of whom
shall represent the employer.
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| Appointment
of members
|
(2) Forthwith after the coming into force of
this Part, the Minister shall, by notice in
writing in respect of each Commission,
require the employer and the union
representing the bargaining unit to each
appoint a person to represent it on the
Commission.
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| Failure to
appoint
|
(3) Where the employer or a union fails or
neglects to appoint a member of a
Commission within seven days after receiving
the notice referred to in subsection (2), the
Minister shall appoint, as a member of the
Commission, a person whom the Minister
considers to be qualified to be such a member,
and the member so appointed shall be deemed
to have been appointed by the employer or the
union, as the case may be.
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| Appointment
of
Chairperson
|
(4) The Minister shall, before giving the
notice referred to in subsection (5), appoint as
Chairperson of a Commission a person whom
the Minister considers to be qualified to be
Chairperson.
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| Notification to
parties
|
(5) When the employer and the union
representing the bargaining unit have notified
the Minister of their appointment of a person
to represent them, or when a member is
deemed to have been appointed for them, the
Minister shall give notice to the employer and
the union of the names of the members of the
Commission, and thereupon it shall be
conclusively presumed that the Commission
described in the notice has been established as
of the date the notice is given.
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| Substitution
of member
|
(6) Where a person ceases to be a member
of a Commission before the Commission has
completed its work, another member shall be
appointed in the person's place in accordance
with this section.
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| Same person
may be
appointed
|
(7) A person may be appointed to more than
one Commission.
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| Tentative
agreements
|
(8) Where the employer and a union
representing a bargaining unit referred to in
section 31 have, before the issuance of the
notice referred to in subsection (2) or (5),
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(a) reached a tentative agreement for the
resolution of the matters in dispute between
them, or
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|
(b) agreed to a process for the final
resolution of those matters,
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|
the Minister may defer the giving of the notice
until such time as the Minister considers
appropriate, and if a new collective agreement
is entered into between the employer and the
union in respect of the bargaining unit before
that time, a Commission need not be
established in respect of the bargaining unit.
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| Matters
referred to
Commission
|
(9) Where the giving of the notice referred
to in subsection (2) or (5) in respect of a
Commission is deferred and the Minister
subsequently considers that the establishment
of the Commission is necessary, the Minister
shall give to the parties the notice that has been
deferred and, on the establishment of the
Commission, the Minister shall refer to the
Commission all matters for which there is no
final settlement at the time of the
establishment of the Commission.
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| Duties
|
33. (1) Within seventy days after its
establishment or such longer period as the
Minister may allow, each Commission shall
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|
(a) for the purpose of concluding a new
collective agreement between the employer
and the union representing the bargaining
unit in respect of which the Commission
was established,
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|
(i) endeavour to mediate all the matters
referred to it and to bring about an
agreement between the employer and the
union on those matters, and
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|
(ii) if the Commission is unable to do so
in respect of any such matter, hear the
employer and the union on the matter,
arbitrate the matter and render a decision;
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|
(b) fix a date for the termination of the new
collective agreement established by this
Part between the employer and the union,
which date may not be earlier than
December 31, 1997; and
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|
(c) report to the Minister on the resolution
of all such matters.
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| Appropriate
contractual
language
|
(2) Each Commission shall ensure that any
agreement or decision referred to in paragraph
(1)(a) is in appropriate contractual language
so as to allow its incorporation into the
appropriate collective agreement or, where
necessary, draft a new agreement between the
employer and the union that contains all
agreements and decisions referred to in that
paragraph.
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| Guiding
principle
|
34. Each Commission shall be guided by
the need for terms and conditions of
employment that are consistent with the
economic viability and competitiveness of a
coast-to-coast rail system in both the short and
the long term, taking into account the
importance of good labour-management
relations.
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| Powers
|
35. Each Commission has, with such
modifications as the circumstances require,
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|
(a) for the purposes of the mediation
referred to in subparagraph 33(1)(a)(i), all
the powers of a conciliation commissioner
under section 84 of the Canada Labour
Code, and
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|
(b) for the purposes of the arbitration
referred to in subparagraph 33(1)(a)(ii), all
the powers and duties of an arbitrator under
sections 60 and 61 of that Act
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|
and, with the approval of the Minister, may
engage the services of such technical advisers
or other experts and assistants as the
Commission considers necessary.
|
|
| Decisions of
Commission
|
36. The decision of a majority of the
members of a Commission is the decision of
the Commission, but if a majority of the
members of the Commission cannot agree on
a decision, the decision of the Chairperson of
the Commission is the decision of the
Commission.
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|
| Incorporation
in collective
agreement
|
37. (1) As of the day that a Commission
reports to the Minister pursuant to paragraph
33(1)(c), each collective agreement between
the employer and a union shall be deemed to
be amended by the incorporation therein of
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|
(a) any agreement resolving the matters in
dispute between the employer and the union
arrived at before, or pursuant to, mediation
by the Commission; and
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|
(b) any decision of the Commission in
respect of any matters arbitrated by it.
|
|
| New
collective
agreement
|
(2) Each collective agreement amended by
subsection (1), or each new agreement drafted
by the Commission pursuant to subsection
33(2), as the case may be, constitutes a new
collective agreement that, subject to
subsection (3), is effective and binding on the
parties thereto for a period beginning on the
day on which the report of the Commission is
submitted to the Minister and ending on the
day fixed by the Commission pursuant to
paragraph 33(1)(b), notwithstanding anything
in Part I of the Canada Labour Code, and that
Part applies in respect of the new collective
agreement as if it had been entered into
pursuant to that Part.
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