British Columbia Grain Handling Operations Act

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Sections92

• 1Short title

  This Act may be cited as the British Columbia Grain Handling Operations Act.

• 2Words and expressions

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

• 3Definitions

  In this Part,

• 3[p3]

  collective agreement means the collective agreement between the employers’ association, on its own behalf and that of its members, and the union that expired on December 31, 1989; (convention collective)

• 3[p4]

  employee means a person who is employed by an employer and is bound by the collective agreement; (employé)

• 3[p5]

  employer means the employers’ association and any member thereof, including any member named in the schedule; (employeur)

• 3[p6]

  employers’ association means the B.C. Terminal Elevator Operators’ Association; (association patronale)

• 3[p7]

  mediator-arbitrator means the mediator-arbitrator appointed pursuant to subsection 8(1); (médiateur-arbitre)

• 3[p8]

  union means the Grain Workers’ Union, Local 333. (syndicat)

• 4Resumption of grain handling operations

  On the coming into force of this Part,

• 4(a)

  each employer shall forthwith resume grain handling operations in the port of Vancouver, British Columbia; and

• 4(b)

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

• 5Obligations of employers
• 5(1)

  No employer or officer or representative of an employer shall

• 5(1)(a)

  in any manner impede any employee from complying with paragraph 4(b); or

• 5(1)(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 Part.

• 5(2)Obligations of union

  The union and each officer and representative of the union shall

• 5(2)(a)

  forthwith on the coming into force of this Part, give notice to the employees that, by reason of that coming into force, grain handling operations are forthwith to be resumed in the port of Vancouver, British Columbia and the employees, when so required, are forthwith to resume the duties of their employment;

• 5(2)(b)

  take all reasonable steps to ensure that employees comply with paragraph 4(b); and

• 5(2)(c)

  refrain from any conduct that may encourage employees not to comply with paragraph 4(b).

• 6Extension of collective agreement
• 6(1)

  The term of the collective agreement is extended to include the period beginning on January 1, 1990 and ending on December 31, 1992.

• 6(2)Collective agreement binding for extended term

  The collective agreement, as amended by or pursuant to this Part, 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.

• 7Strikes and lockouts prohibited

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

• 7(a)

  no employer shall declare or cause a lockout against the union;

• 7(b)

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

• 7(c)

  no employee shall participate in a strike against an employer.

• 8Appointment of mediator-arbitrator
• 8(1)

  The Minister shall, after the coming into force of this Part, 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 employers’ association.

• 8(2)Duties

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

• 8(2)(a)

  endeavour to mediate all the matters referred to in subsection (1) and to bring about agreement between the union and the employers’ association on those matters;

• 8(2)(b)

  if the mediator-arbitrator is unable to bring about agreement in respect of any such matter, hear the union and the employers’ association on the matter, arbitrate the matter and render a decision in respect thereof; and

• 8(2)(c)

  report to the Minister on the resolution of all such matters.

• 8(3)Powers

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

• 8(3)(a)

  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; and

• 8(3)(b)

  for 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.

• 8(4)Form of decision

  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 9.

• 9Incorporation in collective agreement

  When 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 employers’ association 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 January 1, 1990.

• 10Parties may amend collective agreement

  Nothing in this Part 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 Part, other than a provision relating to the term of the agreement, and to give effect thereto.

• 11Offence by individuals
• 11(1)

  An individual who contravenes any provision of this Part 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

• 11(1)(a)

  of 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; or

• 11(1)(b)

  of not more than $1,000, in any other case.

• 11(2)Offence by employer or union

  Where an employer or the union contravenes any provision of this Part, 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.

• 12Presumption

  For the purposes of enforcement proceedings under this Part, the employers’ association and the union are deemed to be persons.

• 13Construction

  For 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 Part.

• 14Definitions

  In this Part,

• 14[p47]

  collective agreement means the collective agreement between the employer and the union that expired on December 31, 1989; (convention collective)

• 14[p48]

  employee means a person who is employed by the employer and is bound by the collective agreement; (employé)

• 14[p49]

  employer means the Prince Rupert Grain Ltd.; (employeur)

• 14[p50]

  mediator-arbitrator means the mediator-arbitrator appointed pursuant to subsection 19(1); (médiateur-arbitre)

• 14[p51]

  union means the Grain Workers’ Union, Local 333. (syndicat)

• 15Continuation or resumption of grain handling operations

  On the coming into force of this Part,

• 15(a)

  the employer shall forthwith continue or resume, as the case may be, grain handling operations in the port of Prince Rupert, British Columbia; and

• 15(b)

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

• 16Obligations of employer
• 16(1)

  Neither the employer nor any officer or representative of the employer shall

• 16(1)(a)

  in any manner impede any employee from complying with paragraph 15(b); or

• 16(1)(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 Part.

• 16(2)Obligations of union

  The union and each officer and representative of the union shall

• 16(2)(a)

  forthwith on the coming into force of this Part, give notice to the employees that, by reason of that coming into force, grain handling operations are forthwith to be continued or resumed, as the case may be, in the port of Prince Rupert, British Columbia and the employees, when so required, are forthwith to continue or resume, as the case may be, the duties of their employment;

• 16(2)(b)

  take all reasonable steps to ensure that employees comply with paragraph 15(b); and

• 16(2)(c)

  refrain from any conduct that may encourage employees not to comply with paragraph 15(b).

• 17Extension of collective agreement
• 17(1)

  The term of the collective agreement is extended to include the period beginning on January 1, 1990 and ending on December 31, 1992.

• 17(2)Collective agreement binding for extended term

  The collective agreement, as amended by or pursuant to this Part, 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.

• 18Strikes and lockouts prohibited

  During the term of the collective agreement, as extended by subsection 17(1),

• 18(a)

  the employer shall not declare or cause a lockout against the union;

• 18(b)

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

• 18(c)

  no employee shall participate in a strike against the employer.

• 19Appointment of mediator-arbitrator
• 19(1)

  The Minister shall, after the coming into force of this Part, 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.

• 19(2)Duties

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

• 19(2)(a)

  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;

• 19(2)(b)

  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; and

• 19(2)(c)

  report to the Minister on the resolution of all such matters.

• 19(3)Powers

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

• 19(3)(a)

  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; and

• 19(3)(b)

  for 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.

• 19(4)Form of decision

  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 20.

• 20Incorporation in collective agreement

  When the mediator-arbitrator reports to the Minister pursuant to subsection 19(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 January 1, 1990.

• 21Parties may amend collective agreement

  Nothing in this Part 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 Part, other than a provision relating to the term of the agreement, and to give effect thereto.

• 22Offence by individuals
• 22(1)

  An individual who contravenes any provision of this Part 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

• 22(1)(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

• 22(1)(b)

  of not more than $1,000, in any other case.

• 22(2)Offence by employer or union

  Where the employer or the union contravenes any provision of this Part, 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.

• 23Presumption

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

• 24Construction

  For 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 Part.

• 25Coming into force
• 25(1)

  This Act, other than Part II, 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.

• 25*(2)Idem

  Part II shall come into force on a day, or on a day and at an hour, to be fixed by order of the Governor in Council. [Note: Part II in force December 17, 1991, see SI/92-3.]