Assented to 2011-06-26
An Act to provide for the resumption and continuation of postal services
This enactment provides for the resumption and continuation of postal services and imposes a final offer selection process to resolve matters remaining in dispute between the parties.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
2. (1) The following definitions apply in this Act.
« arbitre »
“arbitrator” means the arbitrator appointed under section 8.
« convention collective »
“collective agreement” means the collective agreement between the employer and the union that expired on January 31, 2011.
« employé »
“employee” means a person employed by the employer and bound by the collective agreement.
« employeur »
“employer” means the Canada Post Corporation.
« ministre »
“Minister” means the Minister of Labour.
« syndicat »
“union” means the Canadian Union of Postal Workers.
Marginal note: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.
Marginal note:Resumption or continuation of postal services
3. On the coming into force of this Act,
(a) the employer must resume without delay, or continue, as the case may be, postal services; and
(b) every employee must, when so required, resume without delay, or continue, as the case may be, the duties of the employee’s employment.
4. It is prohibited for the employer and for any officer or representative of the employer to
(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 the employee having been on strike before the coming into force of this Act.
5. The union and each officer and representative of the union must
(a) without delay on the coming into force of this Act, give notice to the employees that, by reason of that coming into force, postal 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 COLLECTIVE AGREEMENT
Marginal note:Extension of collective agreement
6. (1) The term of the collective agreement is extended to include the period beginning on February 1, 2011 and ending on the day on which a new collective agreement between the employer and the union comes into effect.
Marginal note:Collective agreement binding for extended term
(2) Despite anything in the collective agreement or in Part I of the Canada Labour Code, the collective agreement, as extended by subsection (1), is effective and binding on the parties to it for the period for which it is extended. However, that Part applies in respect of the collective agreement, as extended, as if that period were the term of the collective agreement.
Marginal note:Strikes and lockouts prohibited
7. During the term of the collective agreement, as extended by subsection 6(1), it is prohibited
(a) for the employer and for any officer or representative of the employer to declare or cause a lockout against the union;
(b) for the union and for any officer or representative of the union to declare or authorize a strike against the employer; and
(c) for an employee to participate in a strike against the employer.
FINAL OFFER SELECTION
Marginal note:Appointment of arbitrator
8. The Minister must appoint as arbitrator for final offer selection a person that the Minister considers appropriate.
Marginal note:Powers and duties
9. The arbitrator has, with any modifications that the circumstances require, all the powers and duties of an arbitrator under paragraphs 60(1)(a), (a.2), (a.3) and (a.4) and section 61 of the Canada Labour Code.
Marginal note:Obligation to provide final offer
10. (1) Within the time and in the manner that the arbitrator may specify, the employer and the union must each submit to the arbitrator
(a) a list of the matters on which the employer and the union were in agreement as of a date specified by the arbitrator, other than salaries and the term of the new collective agreement, and proposed contractual language that would give effect to those matters;
(b) a list of the matters remaining in dispute on that date, other than salaries and the term of the new collective agreement; and
(c) a final offer in respect of the matters referred to in paragraph (b).
Marginal note:Contractual language
(2) The final offer must be submitted with proposed contractual language that can be incorporated into the new collective agreement.
Marginal note:Arbitrator’s duties
11. (1) Subject to section 13, within 90 days after being appointed, or within any longer period that may be specified by the Minister, the arbitrator must
(a) determine the matters on which the employer and the union were in agreement as of the date specified for the purposes of paragraph 10(1)(a);
(b) determine the matters remaining in dispute on that date;
(c) select, in order to resolve the matters remaining in dispute, either the final offer submitted by the employer or the final offer submitted by the union; and
(d) make a decision in respect of the resolution of the matters referred to in this subsection and forward a copy of the decision to the Minister, the employer and the union.
Marginal note:Guiding principle
(2) In making the selection of a final offer, the arbitrator is to be guided by the need for terms and conditions of employment that are consistent with those in comparable postal industries and that will provide the necessary degree of flexibility to ensure the short- and long-term economic viability and competitiveness of the Canada Post Corporation, maintain the health and safety of its workers and ensure the sustainability of its pension plan, taking into account
(a) that the solvency ratio of the pension plan must not decline as a direct result of the new collective agreement; and
(b) that the Canada Post Corporation must, without recourse to undue increases in postal rates, operate efficiently, improve productivity and meet acceptable standards of service.
Marginal note:If no final offer submitted
(3) If either the employer or the union fails to provide the arbitrator with a final offer in accordance with paragraph 10(1)(c), the arbitrator must select the final offer provided by the other party.
Marginal note:Contractual language
(4) The arbitrator’s decision must be drafted in a manner that constitutes a new collective agreement between the employer and the union and, to the extent that it is possible, incorporate the contractual language that is referred to in paragraph 10(1)(a) and that is in the final offer selected by the arbitrator.
Marginal note:Proceedings prohibited
12. No order is to be made, no process is to be entered into and no proceeding is to 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.
Marginal note:New collective agreement not precluded
13. (1) Subject to subsections (2) and (3), nothing in this Act precludes the employer and the union from entering into a new collective agreement at any time before the arbitrator makes a decision and, if they do so, the arbitrator’s duties under this Act cease as of the day on which the new collective agreement is entered into.
(2) If the term of the new collective agreement is not identical to the term provided for in subsection 14(1), the term of the new collective agreement is deemed to be as provided for in that subsection.
(3) If a salary calculated in accordance with or determined under the new collective agreement is not identical to the result of the increases referred to in section 15, the new collective agreement is deemed to provide for the salary being increased as provided for in that section.
NEW COLLECTIVE AGREEMENT
Marginal note:New collective agreement
14. (1) Subject to section 15 and despite anything in Part I of the Canada Labour Code, the arbitrator’s decision constitutes a new collective agreement between the employer and the union that is effective beginning on the day on which it is made and that binds the parties until January 31, 2015. However, that Part applies in respect of the new collective agreement as if it had been entered into under that Part.
Marginal note:Coming into effect of provisions
(2) The new collective agreement may provide that any of its provisions are effective and binding on a day that is before or after the day on which the new collective agreement becomes effective and binding.
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