Bill C-61: An Act to provide for the resumption and continuation of railway operations

C-61 Second Session, Fortieth Parliament, 57-58 Elizabeth II, 2009 HOUSE OF COMMONS OF CANADA BILL C-61 An Act to provide for the resumption and continuation of railway operations first reading, November 30, 2009 MINISTER OF LABOUR 90547 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to provide for the resumption and continuation of railway operations”. SUMMARY This enactment provides for the resumption and continuation of railway operations and imposes a binding arbitration process to resolve matters remaining in dispute between the parties. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca TABLE OF PROVISIONS AN ACT TO PROVIDE FOR THE RESUMPTION AND CONTINUATION OF RAILWAY OPERATIONS SHORT TITLE 1.       Railway Continuation Act, 2009 INTERPRETATION 2.       Definitions RAILWAY OPERATIONS 3.       Resumption or continuation of railway operations OBLIGATIONS 4.       Obligations of employer 5.       Obligations of union EXTENSION OF EACH COLLECTIVE AGREEMENT 6.       Extension of each collective agreement 7.       Strikes and lockouts prohibited ARBITRATION 8.       Arbitration 9.       Incorporation in collective agreements 10.       Proceedings prohibited 11.       Costs 12.       New collective agreements not precluded NEW COLLECTIVE AGREEMENTS 13.       New collective agreements ENFORCEMENT 14.       Individuals 15.       No imprisonment 16.       Recovery of fines 17.       Presumption COMING INTO FORCE 18.       Coming into force .vis1 {position: absolute;display:block;} .vis2 {position: static;} 2nd Session, 40th Parliament, 57-58 Elizabeth II, 2009 house of commons of canada BILL C-61 An Act to provide for the resumption and continuation of railway operations Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Railway Continuation Act, 2009. INTERPRETATION Definitions 2. (1) The following definitions apply in this Act. “arbitrator”« arbitre » “arbitrator” means the arbitrator appointed under subsection 8(1). “collective agreement”« convention collective » “collective agreement” means each of the collective agreements 1.1 and 1.2 between the employer and the union that expired on December 31, 2008 and the collective agreement between the employer and the union, pertaining to employees working on the former BC Rail territory, that expired on December 31, 2008, and includes any related arrangements between the employer and the union concerning terms and conditions of employment or benefits related to employment. “employee”« employé » “employee” means a person employed by the employer and bound by a collective agreement. “employer”« employeur » “employer” means the Canadian National Railway Company. “Minister”« ministre » “Minister” means the Minister of Labour. “union”« syndicat » “union” means the Teamsters Canada Rail Conference, or any other trade union certified by the Canada Industrial Relations Board to represent the employees. 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. RAILWAY OPERATIONS Resumption or continuation of railway operations 3. On the coming into force of this Act, (a) the employer shall resume without delay, or continue, as the case may be, operation of railway and subsidiary services; and (b) every employee shall, when so required, resume without delay, or continue, as the case may be, the duties of his or her employment. OBLIGATIONS Obligations of employer 4. Neither the employer nor any officer or representative of the employer shall (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 5. The union and each officer and represent- ative of the union shall (a) without delay on the coming into force of this Act, give notice to the employees that, by reason of that coming into force, operation of railway and subsidiary services are to be resumed or continued, as the case may be, and that the employees, when so required, are to resume without delay, or continue, as the case may be, the duties of their employment; (b) take all reasonable steps to ensure that employees comply with paragraph 3(b); and (c) refrain from any conduct that may encourage employees not to comply with paragraph 3(b). EXTENSION OF EACH COLLECTIVE AGREEMENT Extension of each collective agreement 6. (1) The term of each collective agreement is extended to include the period beginning on January 1, 2009 and ending on the day on which new collective agreements between the employer and the union come into effect. Collective agreement binding for extended term (2) Each collective agreement, as extended by subsection (1), is effective and binding on the parties during the period for which it is extended despite anything in the collective agreement or in Part I of the Canada Labour Code. However, that Part applies in respect of the collective agreement, as extended, as if that period were the term of the collective agreement. Strikes and lockouts prohibited 7. During the term of each collective agreement, as extended by subsection 6(1), (a) neither the employer nor any officer or representative of the employer shall declare or cause a lockout against the union; (b) neither the union nor any 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. ARBITRATION Arbitration 8. (1) The Minister shall, after the coming into force of this Act, appoint an arbitrator and refer to the arbitrator all matters relating to the amendment or revision of the collective agreements that, at the time of the appointment, are in dispute between the employer and the union. Powers of arbitrator (2) The arbitrator has, with any modifications that the circumstances require, all the powers of an arbitrator under paragraphs 60(1)(a), (a.2), (a.3) and (a.4) and section 61 of the Canada Labour Code. Time limit and report (3) The arbitrator shall decide all matters referred to the arbitrator under this Act within 90 days after the day on which he or she is appointed, or any longer period that the Minister may allow, and make a report to the Minister on the arbitrator’s decision in respect of those matters. Form of decision (4) The decision of the arbitrator respecting the collective agreements must be set out in a form that enables it to be incorporated into the collective agreements in accordance with section 9. Incorporation in collective agreements 9. Beginning on the day on which the arbitrator reports to the Minister under subsection 8(3), the collective agreements are deemed to be amended by the incorporation into them of (a) any agreement between the employer and the union arrived at before the appointment of the arbitrator; (b) any agreement resolving the matters in dispute between the employer and the union arrived at after the appointment of the arbitrator and before the day on which the arbitrator reports to the Minister; and (c) the decision of the arbitrator in respect of the matters that were arbitrated. Proceedings prohibited 10. No order may be made, no process may be entered into and no proceeding may be taken in court (a) to question the appointment of the arbitrator; or (b) to review, prohibit or restrain any proceeding or decision of the arbitrator. Costs 11. All costs incurred by Her Majesty in right of Canada relating to the appointment of the arbitrator and the exercise of the arbitrator’s duties under this Act are debts due to Her Majesty in right of Canada and may be recovered as such, in equal parts from the employer and the union, in any court of competent jurisdiction. New collective agreements not precluded 12. Nothing in this Act precludes the employer and the union from entering into new collective agreements at any time before the arbitrator reports to the Minister under subsection 8(3) and, if they do so, the arbitrator’s duties under this Act cease as of the day on which the new collective agreements are entered into. NEW COLLECTIVE AGREEMENTS New collective agreements 13. (1) The collective agreements amended by section 9 constitute new collective agreements that, subject to subsection (2), become effective and binding on the parties beginning on the day on which the arbitrator reports to the Minister under subsection 8(3), despite anything in Part I of the Canada Labour Code. However, that Part applies in respect of the new collective agreements as if they had been entered into under that Part. Coming into effect of provisions (2) The new collective agreements may provide that any of their provisions are effective and binding on a day that is before or after the day on which the new collective agreements become effective and binding. ENFORCEMENT Individuals 14. (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 of (a) not more than $50,000, if 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) not more than $1,000, in any other case. Employer or union (2) If 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. No imprisonment 15. Despite 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 14. Recovery of fines 16. If a person is convicted of an offence under section 14 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 17. For the purposes of this Act, the union is deemed to be a person. COMING INTO FORCE Coming into force 18. This Act comes into force on the expiry of the twenty-fourth hour after the time at which it is assented to. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada