Government Services Resumption Act (S.C. 1989, c. 24)

Short Title

Marginal note:Short title

1 This Act may be cited as the Government Services Resumption Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  bargaining agent

  bargaining agent means the Public Service Alliance of Canada; (agent négociateur)

  conciliation board

  conciliation board means a board established pursuant to section 8; (bureau de conciliation)

  employee

  employee means a person employed in the Public Service who is bound by a group specific agreement; (fonctionnaire)

  employer

  employer means Her Majesty in right of Canada as represented by the Treasury Board; (employeur)

  government services

  government services means the services provided by that part of the Public Service in which the employees are employed; (services gouvernementaux)

  group specific agreement

  group specific agreement means a collective agreement specified in the schedule; (convention particulière)

  master agreement

  master agreement means the collective agreement between the employer and the bargaining agent that expired on June 30, 1988. (convention cadre)

• Marginal note:Words and expressions

  (2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in the Public Service Staff Relations Act, except that “chair” wherever it is used in this Act shall mean the Chairman of the Public Service Staff Relations Board.

Government Services

Marginal note:Resumption of government services

Footnote ^*3 On the coming into force of this Act,

• (a) the employer shall forthwith ensure that government services are resumed; and

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

  • Return to footnote ^*[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being December 15, 1989), but not before the twelfth hour after the time at which this Act is assented to, see section 16.]

Marginal note:Obligations of bargaining agent

• Footnote ^*4 (1) The bargaining agent and each officer and representative of the bargaining agent

  • (a) shall, forthwith on the coming into force of this Act, give notice to every employee that, by reason of that coming into force,

    • (i) any declaration, authorization or direction to go on strike given to them before that coming into force has become invalid, and

    • (ii) government services are forthwith to be resumed and every employee, when so required, is forthwith to resume the duties of that employee’s employment;

  • (b) shall, in addition to giving notice as required by paragraph (a), take all reasonable steps to ensure that every employee complies with paragraph 3(b); and

  • (c) shall refrain from any conduct that may encourage any employee not to comply with paragraph 3(b).

    • Return to footnote ^*[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being December 15, 1989), but not before the twelfth hour after the time at which this Act is assented to, see section 16.]

• Marginal note:Obligations of employer

  Footnote ^*(2) No 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 legally on strike before the coming into force of this Act.

    • Return to footnote ^*[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being December 15, 1989), but not before the twelfth hour after the time at which this Act is assented to, see section 16.]

Collective Agreements

Marginal note:Collective agreements

• Footnote ^*5 (1) Subject to this Act, each group specific agreement and the master agreement, in its application to the bargaining unit bound by that group specific agreement, shall have effect on and after the coming into force of this Act and shall expire on the date fixed by the conciliation board established in respect of that bargaining unit.

  • Return to footnote ^*[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being December 15, 1989), but not before the twelfth hour after the time at which this Act is assented to, see section 16.]

• Marginal note:Coming into effect where express stipulation

  Footnote ^*(2) Where the employer and the bargaining agent have, or the conciliation board established in respect of the bargaining unit represented by that agent has, stipulated in writing that a provision of a group specific agreement or of the master agreement is effective on a day before the coming into force of this Act, that provision shall be deemed to have effect on and after that day.

  • Return to footnote ^*[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being December 15, 1989), but not before the twelfth hour after the time at which this Act is assented to, see section 16.]

Marginal note:Collective agreement binding

6 Each group specific agreement and the master agreement, in its application to the bargaining unit bound by that group specific agreement, as amended by or pursuant to this Act, is effective and binding on the parties thereto as provided for in section 5, notwithstanding anything in the Public Service Staff Relations Act or in that agreement and

• (a) that Act applies in respect of the agreement, as so amended, as if the term provided for in subsection 5(1) were the term of the agreement; and

• (b) the agreement, as so amended, shall, for the purposes of any Act of Parliament, be deemed to be an agreement between the employer and each of its employees in that bargaining unit on all matters relating to their employment.

Marginal note:Action prohibited

7 For the term of a group specific agreement as provided for in subsection 5(1),

• (a) no officer or representative of the bargaining agent shall declare, authorize or direct a strike by any employees bound by that agreement; and

• (b) no employee bound by that agreement shall participate in a strike against the employer.

Conciliation Boards

Marginal note:Establishment of conciliation boards

• Footnote ^*8 (1) Forthwith on the coming into force of this Act, the chair shall

  • (a) establish two conciliation boards, one in respect of the bargaining unit bound by the group specific agreement specified in item 1 of the schedule and the other in respect of the bargaining units bound by the group specific agreements specified in items 2 and 3 of the schedule;

  • (b) appoint Michael Bendel, of the City of Ottawa, as the chair of the first board referred to in paragraph (a) and Vincent Ready, of the City of Vancouver, as the chair of the second board therein referred to; and

  • (c) by notice require each of the parties to nominate, within two days after receipt of the notice, two persons, one to be a member of the first board referred to in paragraph (a) and the other to be a member of the second board therein referred to.

    • Return to footnote ^*[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being December 15, 1989), but not before the twelfth hour after the time at which this Act is assented to, see section 16.]

• Marginal note:Appointment of members

  (2) On receipt of a nomination within the period referred to in paragraph (1)(c), the chair shall appoint the nominee as a member of the conciliation board for which the person was nominated.

• Marginal note:Idem

  (3) If either party fails to nominate a person for a conciliation board within the period referred to in paragraph (1)(c), the chair shall appoint as a member of that board a person the chair deems fit for the purpose.

• Marginal note:Vacancy

  (4) If any vacancy occurs in the membership of a conciliation board before it reports to the chair, the chair shall appoint as a member of that board a person the chair deems fit for the purpose.

Marginal note:Allowances

9 The members of a conciliation board are entitled to be paid such allowances for the performance of their duties under this Act as the Governor in Council may fix.

Marginal note:Terms of reference for Hospital Services conciliation board

• 10 (1) The chair shall refer to the first conciliation board referred to in paragraph 8(1)(a)

  • (a) all matters relating to the amendment or revision of the group specific agreement specified in item 1 of the schedule, and of the master agreement, in its application to the bargaining unit bound by that group specific agreement, that were referred to a conciliation board established under the Public Service Staff Relations Act by the chair on September 22, 1989 and that remain in dispute between the parties at the time the board was established under this Act;

  • (b) such other matters as the chair deems necessary or advisable; and

  • (c) the fixing of a date for the expiry of the agreements referred to in paragraph (a).

• Marginal note:Terms of reference for Ships’ Crews conciliation board

  (2) The chair shall refer to the second conciliation board mentioned in paragraph 8(1)(a)

  • (a) all matters relating to the amendment or revision of the group specific agreements specified in items 2 and 3 of the schedule, and of the master agreement, in its application to the bargaining units bound by those group specific agreements, that were referred to a conciliation board established under the Public Service Staff Relations Act by the chair on September 20, 1989 and that remain in dispute between the parties at the time the board was established under this Act;

  • (b) such other matters as the chair deems necessary or advisable; and

  • (c) the fixing of a date for the expiry of the agreements referred to in paragraph (a).

Marginal note:Duties

• 11 (1) Each conciliation board shall, within ninety days after all its members have been appointed or such longer period as the chair, after consultation with the parties, may allow,

  • (a) endeavour to mediate all matters referred to it pursuant to section 10 and to bring about agreement between the parties on those matters;

  • (b) if the board is unable to bring about agreement in respect of any such matter, hear the parties on the matter and render a decision in respect thereof;

  • (c) fix the date for the expiry of the agreements referred to in paragraph 10(1)(a) or (2)(a), as the case may be, which date shall not be earlier than June 21, 1991, in the case of the agreements referred to in paragraph 10(1)(a), or June 30, 1991, in the case of the agreements referred to in paragraph 10(2)(a); and

  • (d) report to the chair on the resolution of all such matters and on the date fixed by the board.

• Marginal note:Powers

  (2) A conciliation board has all the powers conferred by the Public Service Staff Relations Act on a conciliation board established under that Act.

Marginal note:Form of decision

• 12 (1) A decision of a conciliation board referred to in paragraph 11(1)(b) shall be set out in a form that will enable the decision to be incorporated in the agreements referred to in paragraph 10(1)(a) or (2)(a), as the case may be.

• Marginal note:Incorporation in collective agreements

  (2) When a conciliation board reports to the chair pursuant to subsection 11(1), the agreements referred to in paragraph 10(1)(a) or (2)(a), as the case may be, shall be deemed to be amended by the incorporation therein of any amendments thereto agreed to in writing by the parties in the course of the mediation, any decision of the board referred to in paragraph 11(1)(b) and the date fixed by the board for the expiry of the agreements, and each agreement, as so amended, constitutes a new group specific agreement or master agreement, as the case may be.

Amendment of Collective Agreements

Marginal note:Amendment of collective agreement

13 Nothing in this Act shall be construed so as to limit or restrict the rights of the parties to the master agreement or a group specific agreement to agree to amend any provision of the agreement as amended by or pursuant to this Act, other than the date fixed for the expiry of the agreement, and to give effect thereto.

Enforcement

Marginal note:Offence by 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 thereof during which the offence continues, to a fine

  • (a) of not less than $10,000 nor more than $50,000, where the individual was acting in the capacity of an officer or representative of the employer or the bargaining agent when the offence was committed; or

  • (b) of not less than $500 nor more than $1,000, in any other case.

• Marginal note:Offence by bargaining agent

  (2) Where the bargaining agent contravenes any provision of this Act, it is guilty of an offence punishable on summary conviction and is liable, for each day or part thereof during which the offence continues, to a fine of not less than $50,000 nor more than $100,000.

Marginal note:Presumption

15 For the purposes of enforcement proceedings under this Act, the bargaining agent is deemed to be a person.

Coming into Force

Marginal note:Coming into force

Footnote ^*16 This 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.

• Return to footnote ^*[Note: Act assented to December 15, 1989.]