An Act to provide for the resumption of grain handling operations at the port of Prince Rupert, British ColumbiaPrince Rupert Grain Handling Operations ActPrince Rupert Grain Handling Operations19881
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P-19.611988Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Prince Rupert Grain Handling Operations Act.InterpretationDefinitionsIn this Act,arbitrator means the arbitrator appointed pursuant to subsection 7(1); (arbitre)collective agreement means the collective agreement between the employer and the union that expired on December 31, 1983; (convention collective)employee means a person employed by the employer who is bound by the collective agreement; (employé)employer means the Prince Rupert Grain Ltd.; (employeur)union means the Grain Workers’ Union, Local 333. (syndicat)Words and expressionsUnless otherwise provided, words and expressions used in this Act have the same meaning as in Part V of the Canada Labour Code.Grain Handling OperationsResumption of grain handling operationsOn the coming into force of this Act,the employer shall forthwith resume grain handling operations at the grain terminal located on Ridley Island in the port of Prince Rupert, British Columbia; andevery employee shall, when so required, forthwith resume the duties of that employee’s employment.[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being January 20, 1988), but not before the twelfth hour after the time at which this Act is assented to, see section 12.]Obligations of unionThe union and each officer and representative of the union shallforthwith on the coming into force of this Act, give notice to the employees that, by reason of that coming into force, grain handling operations are forthwith to be resumed at the grain terminal located on Ridley Island in the port of Prince Rupert, British Columbia and the employees, when so required, are forthwith to resume the duties of their employment;take all reasonable steps to ensure that employees comply with paragraph 3(b); andrefrain from any conduct that may encourage employees not to comply with paragraph 3(b).[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being January 20, 1988), but not before the twelfth hour after the time at which this Act is assented to, see section 12.]Obligations of employerNeither the employer nor any officer or representative of the employer shallin any manner impede any employee from complying with paragraph 3(b); ordischarge 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.[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being January 20, 1988), but not before the twelfth hour after the time at which this Act is assented to, see section 12.]Extension of collective agreementThe term of the collective agreement is extended to include the period beginning on January 1, 1984 and ending on December 31, 1989.Collective agreement amendedOn the coming into force of this Act, the collective agreement shall be deemed to be amended by the incorporation therein of the terms and conditions of the collective agreement between the B.C. Terminal Elevator Operators’ Association and the union and in effect for the period beginning on January 1, 1987 and ending on December 31, 1989, other than any terms and conditions relating to the matters referred to the arbitrator pursuant to subsection 7(1).[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being January 20, 1988), but not before the twelfth hour after the time at which this Act is assented to, see section 12.]Collective agreement binding for extended termThe collective agreement, as amended by or pursuant to this Act, is 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, andPart 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; andthe 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 prohibitedDuring the term of the collective agreement, as extended by subsection 5(1),the employer shall not declare or cause a lockout against the union;no officer or representative of the union shall declare or authorize a strike against the employer; andno employee shall participate in a strike against the employer.ArbitrationArbitrationThe Minister shall appoint an arbitrator and refer to the arbitrator all matters relating to staffing at the Grain Centre, job classification and security personnel that, at the time of the appointment, are in dispute between the employer and the union.Powers of arbitratorThe arbitrator has, with such modifications as the circumstances require, all the powers and duties of an arbitrator under section 157 of the Canada Labour Code.Duties of arbitratorThe arbitrator shall decide all matters referred to the arbitrator pursuant to subsection (1) within forty-five days after the arbitrator’s appointment or such longer period as the employer and union may agree upon.Form of decisionThe arbitrator shall set out the decision on the matters referred to the arbitrator in such form as will enable the decision to be incorporated into the collective agreement in accordance with section 8.Collective agreement amendedWhen the arbitrator has decided all matters referred to the arbitrator pursuant to subsection 7(1), the collective agreement shall be deemed to be amended by the incorporation therein of the decision of the arbitrator and of such other amendments as may have been agreed upon by the parties thereto prior to that decision.Amendment of Collective AgreementParties may amend collective agreementNothing in this Act shall be construed so as to limit 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.EnforcementOffence by individualsAn 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 fineof 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; orof not less than $500 or more than $1,000, in any other case.Offence by employer or unionWhere 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.PresumptionFor the purposes of enforcement proceedings under this Act, the union is deemed to be a person.Coming into ForceComing into forceThis Act shall come into force on the day immediately after the day on which it is assented to, but not before the twelfth hour after the time at which it is assented to.[Note: Act assented to January 20, 1988.]