Bill C-77
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42-43-44 ELIZABETH II |
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CHAPTER 6 |
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An Act to provide for the maintenance of
railway operations and subsidiary
services
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[Assented to 26th March, 1995]
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Maintenance
of Railway Operations Act, 1995.
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PART I |
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CANADIAN NATIONAL RAILWAY COMPANY |
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Interpretation |
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Definitions
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2. (1) In this Part,
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``collective
agreement'' « convention collective »
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``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 »
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``Commission'' means a
Mediation-Arbitration Commission
established under this Part;
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``employee'' « employé »
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``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 the Canadian National
Railway Company;
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``Minister'' « ministre »
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``Minister'' means the Minister of Labour;
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``union'' « syndicat »
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``union'' means a trade union named in
Schedule I.
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Words and
expressions
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(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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Railway Operations |
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Operations
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3. On the coming into force of this Part,
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Obligations |
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Obligations of
employer
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4. Neither the employer nor any officer or
representative of the employer shall
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Obligations of
unions
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5. Each union and each officer and
representative of each union shall
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Extension of Collective Agreements |
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Extension of
collective
agreements
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6. (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
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(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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Terms and Conditions of Employment |
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Terms and
conditions of
employment
remain in
effect
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7. The terms and conditions of employment
in effect immediately before March 2, 1995
for employees in the bargaining unit of
shopcraft employees represented by the
National Automobile, Aerospace,
Transportation and General Workers Union of
Canada (CAW - Canada) and whose
collective agreements expired on December
31, 1991 remain in effect for the period
beginning on March 2, 1995 and ending on the
date on which a new collective agreement
between the employer and that union comes
into effect for those employees.
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Strikes and Lockouts Prohibited |
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Strikes and
lockouts
prohibited
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8. (1) During the term of each collective
agreement, as extended by subsection 6(1),
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Strikes and
lockouts
prohibited -
shopcraft
employees
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(2) During the period referred to in section
7,
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Mediation-Arbitration Commissions |
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Mediation-Ar
bitration
Commissions
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9. After the coming into force of this Part,
a Mediation-Arbitration Commission shall be
established in accordance with section 10 in
respect of each of the following bargaining
units and the Minister shall, subject to
subsection 10(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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Composition
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10. (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
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(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
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(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
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(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
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(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
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(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
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(7) A person may be appointed to more than
one Commission.
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Tentative
agreements
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(8) Where the employer and a union
representing a bargaining unit referred to in
section 9 have, before the issuance of the
notice referred to in subsection (2) or (5),
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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
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(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
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11. (1) Within seventy days after its
establishment or such longer period as the
Minister may allow, each Commission shall
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Appropriate
contractual
language
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(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
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12. 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
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13. Each Commission has, with such
modifications as the circumstances require,
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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.
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Decisions of
Commission
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14. 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
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15. (1) As of the day that a Commission
reports to the Minister pursuant to paragraph
11(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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New
collective
agreement
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(2) Each collective agreement amended by
subsection (1), or each new agreement drafted
by the Commission pursuant to subsection
11(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 11(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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Coming into
effect of
provisions
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(3) A new collective agreement established
by this Part may provide that any provision
thereof is effective and binding on a day
before or after the day on which the new
collective agreement becomes effective and
binding.
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Proceedings
prohibited
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16. No order shall be made, no process shall
be entered into and no proceeding shall be
taken in any court
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