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Canada Labour Code (R.S.C., 1985, c. L-2)

Full Document:  

Act current to 2020-01-27 and last amended on 2019-09-01. Previous Versions

PART IIIStandard Hours, Wages, Vacations and Holidays (continued)

DIVISION IXGroup Termination of Employment (continued)

Marginal note:Failure to appoint

 Where a trade union fails, or redundant employees fail, to appoint a member to a joint planning committee as provided in sections 214 and 215, the Minister may, on application of any redundant employee, appoint a member to the committee in lieu of that trade union or those employees, as the case may be, and the member so appointed shall be a representative of the redundant employees represented by the trade union or of the redundant employees who failed to appoint the member, as the case may be.

  • 1980-81-82-83, c. 89, s. 32

Marginal note:Notice of membership

 On completion of the appointment of the members of a joint planning committee, the employer shall post the names of those members in a conspicuous place within the industrial establishment in which the redundant employees are employed.

  • 1980-81-82-83, c. 89, s. 32

Marginal note:Procedure

  •  (1) Subject to this Division, a joint planning committee may determine its own procedure.

  • Marginal note:Co-chairpersons

    (2) The members of a joint planning committee shall elect from among themselves two co-chairpersons, one being a representative of the redundant employees selected by their representatives and the other being a representative of the employer selected by his representatives.

  • Marginal note:Sittings

    (3) The co-chairpersons of a joint planning committee may, after consultation with the other members of the committee, fix the time and place of its sittings and shall notify the members of the time and place so fixed.

  • Marginal note:Quorum

    (4) A majority of the members of a joint planning committee in office, at least half of which majority are representatives of the redundant employees, constitutes a quorum, but the members shall not proceed in the absence of any member of the committee at any sitting unless the absent member has been given reasonable notice of the sitting.

  • Marginal note:Vacancy

    (5) Where any vacancy occurs in the membership of a joint planning committee before the committee has completed its work, the vacancy shall be filled forthwith in the manner provided in this Division for the selection of the person who vacated that membership.

  • Marginal note:Idem

    (6) A vacancy in the membership of a joint planning committee does not invalidate the constitution of the committee or impair the right of the members of the committee in office to act, if the number of those members is not less than a quorum.

  • Marginal note:Decision

    (7) A decision or other act or thing taken or done by a majority of the members of a joint planning committee present at a sitting of the committee, if the members present constitute a quorum, shall be deemed to have been taken or done by the committee.

  • R.S., 1985, c. L-2, s. 219
  • 1998, c. 26, s. 61(E)

Marginal note:Wages

 A member of a joint planning committee is entitled to such time from work as is necessary to attend sittings of the committee or to carry out any other functions as such a member, and any time spent by the member in carrying out any functions as a member shall, for the purpose of calculating wages owing to the member, be deemed to have been spent at his work.

  • 1980-81-82-83, c. 89, s. 32

Marginal note:Object of joint planning committee

  •  (1) It is the object of a joint planning committee to develop an adjustment program to

    • (a) eliminate the necessity for the termination of employment; or

    • (b) minimize the impact of the termination of employment on the redundant employees and to assist those employees in obtaining other employment.

  • Marginal note:Scope of matters considered

    (2) In attaining its object under subsection (1), a joint planning committee may, unless the members of the committee agree otherwise, deal only with such matters as are normally the subject-matter of collective agreement in relation to the termination of employment.

  • Marginal note:Reasonable effort

    (3) The members of a joint planning committee shall cooperate and make every reasonable effort to develop an adjustment program as expeditiously as possible.

  • Marginal note:Cooperation with committee

    (4) The employer and any trade union or redundant employees who appointed the members of a joint planning committee shall cooperate with and assist the committee in developing an adjustment program.

  • 1980-81-82-83, c. 89, s. 32

Marginal note:Supplying of information

  •  (1) The employer and any trade union or redundant employees who appointed the members of a joint planning committee shall, on request of any member of the committee, forthwith provide the committee with such personal information relating to any redundant employee as the committee may reasonably require for its work.

  • Marginal note:Inspector

    (2) An inspector may

    • (a) monitor and, on request, assist in the establishment and operation of a joint planning committee; and

    • (b) attend any sittings of a joint planning committee as an observer.

  • 1980-81-82-83, c. 89, s. 32

Marginal note:Application to Minister for arbitrator

  •  (1) Where all members of a joint planning committee who are representatives of the redundant employees agree to do so or where all members of a joint planning committee who are representatives of the employer agree to do so, those members may, after six weeks from the date of the notice to the Minister under section 212, apply jointly to the Minister for the appointment of an arbitrator if

    • (a) the committee has not then completed developing an adjustment program; or

    • (b) the committee has completed developing an adjustment program, but those members are not satisfied with the program or any part of the program.

  • Marginal note:Form and contents of application

    (2) An application under subsection (1) shall be in writing and signed by the members making the application and shall set out the matters, if any, in dispute respecting the adjustment program.

  • 1980-81-82-83, c. 89, s. 32

Marginal note:Appointment of arbitrator

  •  (1) The Minister may, on application under subsection 223(1), appoint an arbitrator to assist the joint planning committee in the development of an adjustment program and to resolve any matters in dispute respecting the adjustment program.

  • Marginal note:The Minister shall notify and send a statement of matters in dispute

    (2) Where an arbitrator is appointed under subsection (1), the Minister shall forthwith

    • (a) notify, in writing, the joint planning committee of the decision to appoint an arbitrator and of the name of the arbitrator; and

    • (b) if the application under subsection 223(1) sets out matters in dispute respecting an adjustment program, send to the arbitrator and to the joint planning committee a statement setting out any matters in dispute respecting the adjustment program that the arbitrator is to resolve.

  • Marginal note:Restriction on matters included in statement

    (3) A statement referred to in subsection (2) shall be restricted to such of those matters set out in the application under subsection 223(1) as the Minister deems appropriate and as are normally the subject-matter of collective agreement in relation to termination of employment.

  • Marginal note:Duty of arbitrator

    (4) An arbitrator shall assist the joint planning committee in the development of an adjustment program and the arbitrator, if sent a statement pursuant to subsection (2), shall, within four weeks after receiving the statement or such longer period as the Minister may specify,

    • (a) consider the matters set out in the statement;

    • (b) render a decision thereon; and

    • (c) send a copy of the decision with the reasons therefor to the joint planning committee and to the Minister.

  • Marginal note:Restriction

    (5) An arbitrator may not

    • (a) review the decision of the employer to terminate the employment of the redundant employees; or

    • (b) delay the termination of employment of the redundant employees.

  • Marginal note:Powers of arbitrator

    (6) In relation to any proceeding before an arbitrator under this section, the arbitrator may

    • (a) determine the procedure to be followed;

    • (b) administer oaths and solemn affirmations;

    • (c) receive and accept such evidence and information on oath, affidavit or otherwise as the arbitrator sees fit, whether or not the evidence is admissible in a court of law;

    • (d) make such examination of documents containing personal information relating to any redundant employee and such inquiries relating to any redundant employee as the arbitrator deems necessary;

    • (e) require an employer to post and keep posted in appropriate places any notice that the arbitrator considers necessary to bring to the attention of any redundant employees any matter relating to the proceeding; and

    • (f) authorize any person to do anything described in paragraph (b) or (d) that the arbitrator may do and to report to the arbitrator thereon.

  • 1980-81-82-83, c. 89, s. 32
 
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