Law:Postal Services Continuation Act, 1991

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S.c. 1991, c. 35

Assented to 1991-10-29

An Act to provide for the 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, 1991.


Interpretation

Definitions

2. (1) In this Act,

“arbitrator”

« arbitre »

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

“collective agreements”

« conventions collectives »

“collective agreements” means the collective agreements referred to in the schedule;

“employee”

« employé »

“employee” means a person employed by the employer who is bound by one of the collective agreements and represented by the union;

“employer”

« employeur »

“employer” means the Canada Post Corporation;

“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 I of the Canada Labour Code.


Postal Operations

Continuation or 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 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.

Obligations of union

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

Extension of collective agreements

5. (1) The term of each of the collective agreements is extended to include the period from the expiration date of the collective agreement, as set out in the schedule, to July 31, 1993 except for the period beginning on August 24, 1991 and ending at 3:00 p.m. Eastern Daylight Time on September 5, 1991.

Collective agreements binding for extended term

(2) Notwithstanding anything in Part I of the Canada Labour Code or in the collective agreements, each of the collective agreements, as extended by this Act, is effective and binding on the parties thereto for the period for which the agreement is extended, and that Part applies in respect of the agreement, as so extended, as if that period were the term of the agreement.

Arbitration of discipline or discharge

(3) Any employee who is disciplined or discharged in the period beginning on August 24, 1991 and ending at 3:00 p.m. Eastern Daylight Time on September 5, 1991 may submit the matter for final settlement

(a) to an arbitrator selected by the employer and the union; or

(b) where they are unable to agree on the selection of an arbitrator and either of them makes a written request to the Minister to appoint an arbitrator, to an arbitrator appointed by the Minister after such inquiry, if any, as the Minister considers necessary.

Provisions applicable

(4) Sections 58 to 61 and 63 to 66 of the Canada Labour Code apply, with such modifications as the circumstances require, in respect of an arbitrator to whom a matter is submitted under subsection (3).

Strikes and lockouts prohibited

6. During the terms of the collective agreements, as extended by subsection 5(1),

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

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

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


Arbitrator

Appointment of arbitrator

7. (1) The Minister shall appoint an arbitrator and refer to the arbitrator all matters relating to the amendment and revision of the collective agreements and the amalgamation of the agreements into one collective agreement.

Duties

(a) amalgamate the collective agreements into one collective agreement;

(b) determine the matters on which the employer and the union are in substantial agreement on the coming into force of this Act and the matters, including salaries, on which they subsequently agree and incorporate into the collective agreement the contractual language on which they are substantially agreed or, if there is no such language, such contractual language as the arbitrator considers appropriate;

(c) subject to paragraph (b), determine what are the conclusions and recommendations set out in the report of the conciliation board submitted to the parties on August 16, 1991 that can be incorporated into the collective agreement and incorporate into the agreement such contractual language as the arbitrator considers appropriate to give effect to those conclusions and recommendations;

(d) taking cognizance of the report referred to in paragraph (c) and the summary of the corporate plan, arbitrate all matters not covered by paragraphs (b) and (c) and render a decision in respect thereof in such form as will enable the decision to be incorporated into the collective agreement; and

(e) report to the Minister on the resolution of the matters referred to the arbitrator.

Powers

(3) The arbitrator has, with such modifications as the circumstances require, all the powers and duties of an arbitrator under sections 60 and 61 of the Canada Labour Code.

Definition of “summary of the corporate plan”

(4) For the purposes of subsection (2), “summary of the corporate plan” means the summary of the corporate plan of the employer for the period beginning on April 1, 1991 and ending on March 31, 1996, a copy of which summary was laid before Parliament pursuant to section 125 of the Financial Administration Act.

Substitution

8. (1) Subject to subsection (2), the terms and conditions of the amalgamated collective agreement set out in the report of the arbitrator submitted to the Minister pursuant to section 7 are substituted for those of the collective agreements, and are effective and binding on the employer and the union from the day on which the report is submitted to July 31, 1993.

Application

(2) The arbitrator may provide that any term or condition of the amalgamated collective agreements is effective and binding on a day before or after the day on which the report setting out the agreement is submitted to the Minister.


Amendment

Parties may amend

9. Nothing in this Act shall be construed so as to limit or restrict the rights of the employer and the union to agree to amend any provision of a collective agreement binding on them 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 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.

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 more than $100,000.

Imprisonment precluded

11. 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 10.

Recovery of fines

12. (1) Any fine imposed on the union or an officer or representative of the union under section 10 constitutes a debt payable to Her Majesty in right of Canada and may, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof, be recovered by Her Majesty by a deduction of the amount of the fine or any portion thereof from the amount of the membership dues that the employer is or may be required, pursuant to any collective agreement that is or may be binding on the employer and the union, to deduct from the pay of the employees and to remit to the union.

Amount of deduction to Consolidated Revenue Fund

(2) For greater certainty, all amounts deducted from membership dues under subsection (1) shall be deposited to the credit of the Receiver General and form part of the Consolidated Revenue Fund.

Recovery of fines

13. Where a person is convicted of an offence under section 10 and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.

Presumption

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


Coming Into Force

Coming into force

Schedule

(Subsections 2(1) and 5(1))


7.The collective agreement originally entered into by the employer and the International Brotherhood of Electrical Workers, Local 2228, that expired on September 30, 1989.
1. The collective agreement entered into by the employer and the union that expired on July 31, 1989.
2. The collective agreement originally entered into by the employer and the Letter Carriers’ Union of Canada that expired on July 31, 1989.
3. The collective agreement originally entered into by the employer and the Public Service Alliance of Canada for the General Labour and Trades Group (Non-Supervisory) that expired on July 31, 1989.
4. The collective agreement originally entered into by the employer and the Public Service Alliance of Canada for the General Labour and Trades Group (Supervisory) that expired on July 31, 1989.
5. The collective agreement originally entered into by the employer and the Public Service Alliance of Canada for the General Services Group (Non-Supervisory) that expired on July 31, 1989.
6. The collective agreement originally entered into by the employer and the Public Service Alliance of Canada for the General Services Group (Supervisory) that expired on July 31, 1989.

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