Law:Government Services Resumption Act

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S.c. 1989, c. 24

Assented to 1989-12-15

An Act to provide for the resumption of certain government services

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


Contents

Short Title

Short title

1. This Act may be cited as the Government Services Resumption Act.


Interpretation

Definitions

2. (1) In this Act,

“bargaining agent”

« agent négociateur »

“bargaining agent” means the Public Service Alliance of Canada;

“conciliation board”

« bureau de conciliation »

“conciliation board” means a board established pursuant to section 8;

“employee”

« fonctionnaire »

“employee” means a person employed in the Public Service who is bound by a group specific agreement;

“employer”

« employeur »

“employer” means Her Majesty in right of Canada as represented by the Treasury Board;

“government services”

« services gouvernementaux »

“government services” means the services provided by that part of the Public Service in which the employees are employed;

“group specific agreement”

« convention particulière »

“group specific agreement” means a collective agreement specified in the schedule;

“master agreement”

« convention cadre »

“master agreement” means the collective agreement between the employer and the bargaining agent that expired on June 30, 1988.

Words and expressions

(2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in the Public Service Staff Relations Act, except that “chair” wherever it is used in this Act shall mean the Chairman of the Public Service Staff Relations Board.


Government Services

Resumption of government services

(a) the employer shall forthwith ensure that government services are resumed; and

(b) every employee shall, when so required, forthwith resume the duties of that employee’s employment.

Obligations of bargaining agent

(a) shall, forthwith on the coming into force of this Act, give notice to every employee that, by reason of that coming into force,

(i) any declaration, authorization or direction to go on strike given to them before that coming into force has become invalid, and

(ii) government services are forthwith to be resumed and every employee, when so required, is forthwith to resume the duties of that employee’s employment;

(b) shall, in addition to giving notice as required by paragraph (a), take all reasonable steps to ensure that every employee complies with paragraph 3(b); and

(c) shall refrain from any conduct that may encourage any employee not to comply with paragraph 3(b).

Obligations of employer

(a) in any manner impede any employee from complying with paragraph 3(b); or

(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 legally on strike before the coming into force of this Act.


Collective Agreements

Collective agreements

Coming into effect where express stipulation

Collective agreement binding

6. Each group specific agreement and the master agreement, in its application to the bargaining unit bound by that group specific agreement, as amended by or pursuant to this Act, is effective and binding on the parties thereto as provided for in section 5, notwithstanding anything in the Public Service Staff Relations Act or in that agreement and

(a) that Act applies in respect of the agreement, as so amended, as if the term provided for in subsection 5(1) were the term of the agreement; and

(b) the agreement, as so amended, shall, for the purposes of any Act of Parliament, be deemed to be an agreement between the employer and each of its employees in that bargaining unit on all matters relating to their employment.

Action prohibited

7. For the term of a group specific agreement as provided for in subsection 5(1),

(a) no officer or representative of the bargaining agent shall declare, authorize or direct a strike by any employees bound by that agreement; and

(b) no employee bound by that agreement shall participate in a strike against the employer.


Conciliation Boards

Establishment of conciliation boards

(a) establish two conciliation boards, one in respect of the bargaining unit bound by the group specific agreement specified in item 1 of the schedule and the other in respect of the bargaining units bound by the group specific agreements specified in items 2 and 3 of the schedule;

(b) appoint Michael Bendel, of the City of Ottawa, as the chair of the first board referred to in paragraph (a) and Vincent Ready, of the City of Vancouver, as the chair of the second board therein referred to; and

(c) by notice require each of the parties to nominate, within two days after receipt of the notice, two persons, one to be a member of the first board referred to in paragraph (a) and the other to be a member of the second board therein referred to.

Appointment of members

(2) On receipt of a nomination within the period referred to in paragraph (1)(c), the chair shall appoint the nominee as a member of the conciliation board for which the person was nominated.

Idem

(3) If either party fails to nominate a person for a conciliation board within the period referred to in paragraph (1)(c), the chair shall appoint as a member of that board a person the chair deems fit for the purpose.

Vacancy

(4) If any vacancy occurs in the membership of a conciliation board before it reports to the chair, the chair shall appoint as a member of that board a person the chair deems fit for the purpose.

Allowances

9. The members of a conciliation board are entitled to be paid such allowances for the performance of their duties under this Act as the Governor in Council may fix.

Terms of reference for Hospital Services conciliation board

10. (1) The chair shall refer to the first conciliation board referred to in paragraph 8(1)(a)

(a) all matters relating to the amendment or revision of the group specific agreement specified in item 1 of the schedule, and of the master agreement, in its application to the bargaining unit bound by that group specific agreement, that were referred to a conciliation board established under the Public Service Staff Relations Act by the chair on September 22, 1989 and that remain in dispute between the parties at the time the board was established under this Act;

(b) such other matters as the chair deems necessary or advisable; and

(c) the fixing of a date for the expiry of the agreements referred to in paragraph (a).

Terms of reference for Ships’ Crews conciliation board

(2) The chair shall refer to the second conciliation board mentioned in paragraph 8(1)(a)

(a) all matters relating to the amendment or revision of the group specific agreements specified in items 2 and 3 of the schedule, and of the master agreement, in its application to the bargaining units bound by those group specific agreements, that were referred to a conciliation board established under the Public Service Staff Relations Act by the chair on September 20, 1989 and that remain in dispute between the parties at the time the board was established under this Act;

(b) such other matters as the chair deems necessary or advisable; and

(c) the fixing of a date for the expiry of the agreements referred to in paragraph (a).

Duties

11. (1) Each conciliation board shall, within ninety days after all its members have been appointed or such longer period as the chair, after consultation with the parties, may allow,

(a) endeavour to mediate all matters referred to it pursuant to section 10 and to bring about agreement between the parties on those matters;

(b) if the board is unable to bring about agreement in respect of any such matter, hear the parties on the matter and render a decision in respect thereof;

(c) fix the date for the expiry of the agreements referred to in paragraph 10(1)(a) or (2)(a), as the case may be, which date shall not be earlier than June 21, 1991, in the case of the agreements referred to in paragraph 10(1)(a), or June 30, 1991, in the case of the agreements referred to in paragraph 10(2)(a); and

(d) report to the chair on the resolution of all such matters and on the date fixed by the board.

Powers

(2) A conciliation board has all the powers conferred by the Public Service Staff Relations Act on a conciliation board established under that Act.

Form of decision

12. (1) A decision of a conciliation board referred to in paragraph 11(1)(b) shall be set out in a form that will enable the decision to be incorporated in the agreements referred to in paragraph 10(1)(a) or (2)(a), as the case may be.

Incorporation in collective agreements

(2) When a conciliation board reports to the chair pursuant to subsection 11(1), the agreements referred to in paragraph 10(1)(a) or (2)(a), as the case may be, shall be deemed to be amended by the incorporation therein of any amendments thereto agreed to in writing by the parties in the course of the mediation, any decision of the board referred to in paragraph 11(1)(b) and the date fixed by the board for the expiry of the agreements, and each agreement, as so amended, constitutes a new group specific agreement or master agreement, as the case may be.


Amendment Of Collective Agreements

Amendment of collective agreement

13. Nothing in this Act shall be construed so as to limit or restrict the rights of the parties to the master agreement or a group specific agreement to agree to amend any provision of the agreement as amended by or pursuant to this Act, other than the date fixed for the expiry of the agreement, and to give effect thereto.


Enforcement

Offence by individuals

14. (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 or part thereof during which the offence continues, to a fine

(a) of not less than $10,000 nor more than $50,000, where the individual was acting in the capacity of an officer or representative of the employer or the bargaining agent when the offence was committed; or

(b) of not less than $500 nor more than $1,000, in any other case.

Offence by bargaining agent

(2) Where the bargaining agent contravenes any provision of this Act, it is guilty of an offence punishable on summary conviction and is liable, for each day or part thereof during which the offence continues, to a fine of not less than $50,000 nor more than $100,000.

Presumption

15. For the purposes of enforcement proceedings under this Act, the bargaining agent is deemed to be a person.


Coming Into Force

Coming into force

Schedule

(Subsections 2(1) and 8(1) and section 10)

1. Group specific collective agreement for the Hospital Services (supervisory and non-supervisory) Group between the employer and the bargaining agent that expired on December 21, 1987

2. Group specific collective agreement for the Ships’ Crews (supervisory) Group between the employer and the bargaining agent that expired on December 31, 1987

3. Group specific collective agreement for the Ships’ Crews (non-supervisory) Group between the employer and the bargaining agent that expired on December 31, 1987


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