An Act to provide for the resumption and continuance of grain handling operations at Thunder Bay, OntarioThunder Bay Grain Handling Operations ActThunder Bay Grain Handling Operations199110
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T-10.6311991Her 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 Thunder Bay Grain Handling Operations Act.InterpretationWords and expressionsUnless otherwise provided, words and expressions used in this Act have the same meaning as in Part I of the Canada Labour Code.InterpretationDefinitionsIn this Act,collective agreement means the collective agreement entered into between an employer and the union that expired on January 31, 1991; (convention collective)employee means a person who is employed by an employer and is bound by the collective agreement; (employé)employer means any employer named in the schedule; (employeur)mediator-arbitrator means the mediator-arbitrator appointed pursuant to subsection 8(1); (médiateur-arbitre)union means the Transportation — Communications International Union and its Lodge 650. (syndicat)Grain Handling OperationsResumption of grain handling operationsOn the coming into force of this Act,each employer shall forthwith resume grain handling operations at Thunder Bay, Ontario; andeach 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 October 11, 1991), but not before the twelfth hour after the time at which this Act is assented to, see section 14.]Obligations of employersNo employer or officer or representative of an employer shallin any manner impede any employee from complying with paragraph 4(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 October 11, 1991), but not before the twelfth hour after the time at which this Act is assented to, see section 14.]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 Thunder Bay, Ontario 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 4(b); andrefrain from any conduct that may encourage employees not to comply with paragraph 4(b).[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being October 11, 1991), but not before the twelfth hour after the time at which this Act is assented to, see section 14.]Extension of collective agreementThe term of the collective agreement is extended to include the period beginning on February 1, 1991 and ending on a date to be fixed by the mediator-arbitrator, which date shall not be earlier than January 31, 1993 or later than January 31, 1994.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 I of the Canada Labour Code or in the agreement, and Part I of that Act applies in respect of the agreement, as so amended, as if that period were the term of the agreement.Strikes and lockouts prohibitedDuring the term of the collective agreement, as extended by subsection 6(1),no employer shall declare or cause a lockout against the union;no officer or representative of the union shall declare or authorize a strike against an employer; andno employee shall participate in a strike against an employer.Mediator-ArbitratorAppointment of mediator-arbitratorThe Minister shall, after the coming into force of this Act, appoint a mediator-arbitrator and refer to the mediator-arbitrator 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.[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being October 11, 1991), but not before the twelfth hour after the time at which this Act is assented to, see section 14.]DutiesThe mediator-arbitrator shall, within ninety days after the mediator-arbitrator’s appointment or such longer period as the Minister may allow,endeavour to mediate all the matters referred to in subsection (1) and to bring about agreement between the union and the employer on those matters;if the mediator-arbitrator is unable to bring about agreement in respect of any such matter, hear the union and the employer on the matter, arbitrate the matter and render a decision in respect thereof; andreport to the Minister on the resolution of all such matters.PowersThe mediator-arbitrator has, with such modifications as the circumstances require,for the purposes of the mediation referred to in paragraph (2)(a), all the powers of a conciliation commissioner under section 84 of the Canada Labour Code; andfor the purposes of the arbitration referred to in paragraph (2)(b), all the powers and duties of an arbitrator under sections 60 and 61 of that Act.Form of decisionThe 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 9.Incorporation in collective agreementWhen the mediator-arbitrator reports to the Minister pursuant to subsection 8(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 and any decision of the mediator-arbitrator in respect of a matter arbitrated by the mediator-arbitrator, and the agreement, as so amended, constitutes a new collective agreement that shall be deemed to have effect on and after February 1, 1991.Amendment of Collective AgreementParties may amend collective agreementNothing 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.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 more than $50,000, where the individual was acting in the capacity of an officer or representative of an employer or the union when the offence was committed; orof not more than $1,000, in any other case.Offence by employer or unionWhere an 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.PresumptionFor the purposes of enforcement proceedings under this Act, the employer and the union are deemed to be persons.ConstructionFor greater certainty, nothing in this Act shall be construed so as to restrict a person from raising a defence of due diligence in a prosecution for an offence under this Act.Coming into ForceComing into forceThis Act shall come into force on the day immediately after the day on which this Act is assented to, but not before the twelfth hour after the time at which it is assented to.[Note: Act assented to October 11, 1991.](Section 3)Cargill LimitedManitoba Pool ElevatorsParrish & Heimbecker LimitedRichardson Terminals LimitedSaskatchewan Wheat PoolUnited Grain Growers Limited