Law:Postal Services Continuation Act, 1987

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S.c. 1987, c. 40

Assented to 1987-10-16

An Act to provide for the resumption and continuation of postal 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 Postal Services Continuation Act, 1987.


Interpretation

Definitions

2. (1) In this Act,

“collective agreement”

« convention collective »

“collective agreement” means the collective agreement between the employer and the union that expired on September 30, 1986;

“employee”

« employé »

“employee” means a person employed by the employer who is bound by the collective agreement;

“employer”

« employeur »

“employer” means the Canada Post Corporation;

“mediator-arbitrator”

« médiateur-arbitre »

“mediator-arbitrator” means the mediator-arbitrator appointed pursuant to subsection 7(1);

“union”

« syndicat »

“union” means the Canadian Union of Postal Workers.

Words and expressions

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


Postal Operations

Resumption of postal operations

(a) the employer shall forthwith continue or resume, as the case may be, postal operations; and

(b) every employee shall, when so required, forthwith continue or resume, as the case may be, the duties of that employee’s employment.

Obligations of union

(a) shall, forthwith on the coming into force of this Act, give notice to the employees that, by reason of the coming into force of this Act, postal operations are forthwith to be continued or resumed, as the case may be, and the employees, when so required, are forthwith to continue or resume, as the case may be, the duties of their employment;

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

(c) shall refrain from any conduct that may encourage employees 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 on strike before the coming into force of this Act.

Extension of collective agreement

5. (1) The term of the collective agreement is extended to include the period beginning on October 1, 1986 and ending on a date to be fixed by the mediator-arbitrator, which date shall not be earlier than September 30, 1988 or later than September 30, 1989.

Collective agreement binding for extended term

(2) The terms and conditions of the collective agreement, as amended by or pursuant to this Act, are effective and binding on the parties thereto for the period for which the agreement is extended by subsection (1) notwithstanding anything in Part V of the Canada Labour Code or in the agreement, and

(a) Part V of the Canada Labour Code applies in respect of the agreement, as so amended, as if that period 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 on all matters relating to their employment.

Strikes and lockouts prohibited

6. During the term of the collective agreement, as extended by subsection 5(1),

(a) the employer shall not declare or cause a lockout;

(b) no officer or representative of the union shall declare or authorize a strike; and

(c) no employee shall participate in a strike against the employer.


Mediator-arbitrator

Appointment of mediator-arbitrator

(a) 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; and

(b) the fixing of a date for the expiry of the extension of the term of the collective agreement provided for by subsection 5(1).

Duties

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

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

(b) if the mediator-arbitrator is unable to bring about agreement in respect of any such matter, hear the employer and the union on the matter, give cognizance to the report of the conciliation commissioner that was released to them on September 22, 1987, arbitrate the matter and render a decision in respect thereof;

(c) fix a date for the expiry of the extension of the term of the collective agreement provided for by subsection 5(1); and

(d) report to the Minister on the resolution of all such matters and on the date fixed for the expiry of the extension.

Powers

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

(a) for the purposes of the mediation referred to in paragraph (2)(a), all the powers of a conciliation commissioner under section 175 of the Canada Labour Code; and

(b) for the purposes of the arbitration referred to in paragraph (2)(b), all the powers and duties of an arbitrator under section 157 of that Act.

Form of decision

(4) 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 into the collective agreement in accordance with section 8.

Incorporation in collective agreement

8. When the mediator-arbitrator reports to the Minister pursuant to subsection 7(2), the collective agreement shall be deemed to be amended by the incorporation therein of any amendments agreed to by the union and the employer pursuant to the mediation, any decision of the mediator-arbitrator in respect of a matter arbitrated by the mediator-arbitrator and the extension provided for by subsection 5(1), and the agreement, as so amended, constitutes a new collective agreement that shall be deemed to have effect on and after October 1, 1986.


Amendment Of Collective Agreement

Parties may amend collective agreement

9. 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, other than a provision relating to the term of the agreement, and to give effect thereto.


Enforcement

Offence by individuals

10. (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 of a day during which the offence continues, to a fine

(a) of not less than $10,000 or 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 less than $500 or more than $1,000, in any other case.

Offence by employer or union

(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 less than $20,000 or more than $100,000.

Additional punishment — union

11. (1) No individual who is convicted of an offence under this Act that was committed while the individual was acting in the capacity of an officer or representative of the union shall be employed in any capacity by, or act as an officer or representative of, the union at any time in the five years immediately after the date of the conviction.

Additional punishment — employer

(2) No individual who is convicted of an offence under this Act that was committed while the individual was acting in the capacity of an officer or representative of the employer shall be employed in any capacity by, or perform any work for, the employer at any time in the five years immediately after the date of the conviction.

Presumption

12. For the purposes of enforcement proceedings under this Act, the union is deemed to be a person.


Coming Into Force

Coming into force


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