1nd Session, 35th Parliament,
42-43-44 Elizabeth II, 1994-95

The House of Commons of Canada

BILL C-313

An Act to provide for the resumption and continuance of the operations at ADM Agri-Industries Ltd.

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the ADM Agri-Industries Ltd. Operations Act.

INTERPRETATION

2. (1) In this Act,

``arbitrator'' means the arbitrator appointed pursuant to subsection 3(1);

``collective agreement'' means the collective agreement between the employer and the union that expired on January 31, 1992;

``cut-off time'' means 12 midnight of the thirtieth day this bill is introduced in the House of Commons;

``employee'' means a person employed by the employer who is bound by the collective agreement which expired on January 31, 1992;

``employer'' means ADM Agri-Industries Ltd.;

``Minister'' means Minister within the meaning of the Canada Labour Code;

``union'' means the National Syndicate of Employees of Ogilvie Flour Mills Co. Ltd.

(2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in Part 1 of the Canada Labour Code.

FINAL OFFER SELECTION

3. (1) At any time within seven days after the coming into force of this Act, the employer and the union may provide the Minister with the name of a person that they jointly recommend be appointed arbitrator for the purpose of final offer selection.

(2) The Minister shall, as soon as practicable, appoint the person recommended under subsection (1) as arbitrator for final offer selection, and where no person is recommended under subsection (1) within the period referred to in that subsection, the Minister shall, as soon as practicable, appoint as arbitrator for final offer selection such person as the Minister considers appropriate.

4. (1) Within such time and in such manner as the arbitrator may specify, the employer and the union shall each submit to the arbitrator

    (a) a list of the matters on which the employer and the union were in agreement at cut-off time and proposed contractual language that would give effect to those matters;

    (b) a list of the matters remaining in dispute at cut-off time; and

    (c) a final offer in respect of the matters referred to in paragraph (b).

(2) The final offer referred to in paragraph (1)(c) must be submitted with proposed contractual language that can be incorporated into the new collective agreement.

5. (1) Within thirty days after being appointed, or within such greater period as may be specified by the Minister, the arbitrator shall

    (a) determine the matters on which the employer and the union were in agreement at cut-off time;

    (b) determine the matters remaining in dispute at cut-off time;

    (c) select, in order to resolve the matters remaining in dispute, either the final offer submitted by the employer or the final offer submitted by the union;

    (d) determine a back-to-work protocol including, but not limited to, matters such as the process of recall of employees;

    (e) make a decision in respect of the resolution of the matters referred to in this subsection and send a copy of the decision to the employer and the union; and

    (f) forward a copy of the decision to the Minister.

(2) Where either the employer or the union fails to provide the arbitrator with a final offer in accordance with paragraph 4(1)(c), the arbitrator shall select the final offer provided by the other party.

(3) The arbitrator's decision, excluding the back-to-work protocol, shall be drafted in such manner as to constitute a new collective agreement between the employer and the union and, to the extent that it is possible, incorporate the contractual language referred to in paragraph 4(1)(a) and the final offer selected by the arbitrator.

6. (1) The arbitrator's decision constitutes a new collective agreement between the employer and the union effective as of the day it is made until such date as determined by the arbitrator, notwithstanding anything in Part I of the Canada Labour Code, and Part I of that Act applies in respect of the collective agreement as if it had been entered into pursuant to that Part.

(2) The new collective agreement may provide that any term or condition thereof is effective and binding on a day before or after the new collective agreement becomes effective.

7. The arbitrator has, with such modifications as the circumstances require, all the powers and duties of an arbitrator pursuant to sections 60 and 61 of the Canada Labour Code.

8. (a) Once the arbitrator has reported to the Minister, the employer shall forthwith resume or continue operations in accordance with the terms of the arbitrator; and

    (b) every employee, as determined by the arbitrator pursuant to section 3, shall, when required to do so, return to work forthwith in accordance with the terms of the arbitrator.

OBLIGATIONS

9. Neither the employer nor any officer or representative of the employer shall

    (a) in any manner impede any employee from complying with paragraph 8(b);

    (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 Act.

10. The union and each officer and representatives of the union shall

    (a) forthwith once the arbitrator has reported to the Minister, give notice to the employees that, by reason of that reporting, the operations at the ADM Agri-Industries Ltd., Montreal, Quebec are to be resumed and that the employees, when required to do so, are forthwith to resume the duties of their employment;

    (b) take all reasonable steps to ensure that employees comply with paragraph 8(b);

    (c) refrain from any conduct that may encourage employees not to comply with paragraph 8(b).

11. All costs incurred by Her Majesty in right of Canada relating to the appointment of the arbitrator and the exercise of the arbitrator's duties under this Act are debts due to Her Majesty in right of Canada and may be recovered as such, in equal parts, from the employer and the union in any court of competent jurisdiction.

AMENDMENT TO THE COLLECTIVE AGREEMENT

12. Nothing in this Act shall be construed so as to limit or restrict the rights of the parties to the collective agreement to agree to amend any provision of the agreement as amended by or pursuant to this Act and to give effect thereto.

ENFORCEMENT

13. (1) An individual who contravenes any provision of this Act is guilty of an offence punishable on summary conviction and is liable, for each day and part of a day during which the offence continues, to a fine

    (a) of not more than $50,000, where the individual was acting in the capacity of an officer or representative of the employer or the union when the offence was committed; or

    (b) of not more than $1,000, in any other case.

(2) Where the employer or the union contravenes any provision of this Act, 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.

14. 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 13.

15. Where a person is convicted of an offence under section 13 and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgement the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgement is enforceable against the person in the same manner as if it were a judgement rendered against the person in that court in civil proceedings.

16. For the purposes of this Act, the employer and the union are deemed to be persons.

17. For greater certainty, nothing in this Act shall be construed so as to restrict a person from raising a defence of due diligence in a prosecution for an offence under section 13.

COMING INTO FORCE

18. This Act comes into force on the day immediately following the day it is assented to.