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Bill C-312

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

The House of Commons of Canada

BILL C-312

An Act to provide for the resumption of 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,

``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 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.;

``mediator-arbitrator'' means the mediator-arbitrator appointed pursuant to section 3;

``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.

MEDIATOR-ARBITRATOR

3. (1) The Minister shall, after the coming into force of this Act, appoint a mediator-arbitrator and refer to the mediator-arbitrator all matters relating to a back-to-work protocol including, but not limited to, matters such as the process of recall of employees and which employees will be recalled.

(2) The mediator-arbitrator shall, within seven days after the mediator-arbitrator's appointment or such longer period as the Minister may allow,

    (a) after giving the parties an opportunity to be heard on the matter, determine the back-to-work protocol;

    (b) report to the Minister on the resolution of all such matters.

(3) The mediator-arbitrator has with such modifications as the circumstances require for the purposes of this section all the powers and duties of an arbitrator under sections 60 and 61 of the Canada Labour Code.

4. From the commencement of the day following the day the mediator-arbitrator reports to the Minister pursuant to paragraph 3(2)(b),

    (a) the employer shall continue operations, and

    (b) the employees shall resume work,

in accordance with the back-to-work protocol determined by the mediator-arbitrator and on the terms and conditions extant at the termination of the collective agreement, subject to any modification of or addition to the collective agreement that has been accepted by the employer and the employees before the cut-off time.

OBLIGATIONS

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

    (a) in any manner impede any employee from complying with paragraph 4(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.

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

    (a) forthwith once the mediator-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 4(b);

    (c) refrain from any conduct that may encourage employees not to comply with paragraph 4(b).

7. (1) Minister shall, after the mediator-arbitrator has determined the back-to-work protocol, refer to the mediator-arbitrator all matters relating to the amendment or revision of the collective agreement that, at the time of the appointment, remain in dispute between the union and the employer.

(2) The mediator-arbitrator shall, within thirty days after the mediator-arbitrator's appointment or such longer period as the Minister may allow,

    (a) determine the matters remaining in dispute;

    (b) endeavour to mediate all the matters referred to in subsection (1) and to bring about agreement between the union and the employer on those matters;

    (c) if the mediator-arbitrator is unable to bring about agreement in respect of any such matter, hear the union and the employer on the matter, arbitrate the matter and render a decision in respect thereof;

    (d) report to the Minister on the resolution of all such matters.

(3) The mediator-arbitrator has with such modifications as the circumstances require

    (a) for the purposes of the mediation referred to in paragraph 7(b), all the powers of a conciliation commissioner under section 84 of the Canada Labour Code; and

    (b) for the purposes of the arbitration referred to in paragraph 7(c) all the powers and duties of an arbitrator under sections 60 and 61 of that Act.

8. (1) The decision of the mediator-arbitrator in respect of any matter arbitrated by the mediator-arbitrator shall be set out in such form as will enable the decision to be incorporated in the collective agreement, and the terms and conditions of the collective agreement as amended or revised by the report of the mediator-arbitrator submitted to the Minister pursuant to section 7, are effective and binding on the employer and the union from the day on which the report is submitted to the Minister until such date as determined by the mediator-arbitrator.

(2) The mediator-arbitrator may provide that any term or condition of the collective agreement is effective and binding on a day before or after the day on which the report amending or revising the collective agreement is submitted to the Minister.

(3) Part 1 of the Canada Labour Code applies in respect of the collective agreement as amended or revised by the mediator-arbitrator as if it has been entered into pursuant to that Part.

9. All costs incurred by Her Majesty in right of Canada relating to the appointment of the mediator-arbitrator and the exercise of the mediator-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

10. 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

11. (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.

12. 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 11.

13. Where a person is convicted of an offence under section 11 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.

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

15. 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 11.

COMING INTO FORCE

16. This Act shall come into force on the day immediately following the day it is assented to.

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