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[Prepared for convenience by the Office of Legislative Counsel. Note: This Act has not been revised as part of the Revised Statutes 1996. References in this Act to other Acts may be references to earlier Revised Statutes or to Acts not consolidated in a general revision of statutes, depending on when the provision of this Act containing the reference was enacted or amended.]
Assented to June 14, 1976
1 In this Act
"Code" means the Labour Relations Code;
"collective agreement", except in Part II, means a collective agreement between an employer and a trade-union;
"employee" means a person who is ordinarily employed by an employer and on whose behalf a trade-union is entitled to bargain with the employer;
"employer" means BC Rail Ltd. or British Columbia Ferry Services Inc.;
"minister" means that member of the Executive Council charged by order of the Lieutenant-Governor in Council with the administration of this Act;
"trade-union" means a trade-union representing some or all of the employees of an employer.
1976-48-1; 2003-99-1.
2 (1) The minister may, with the approval of the Lieutenant-Governor in Council, appoint Special Commissions consisting of such number of persons and for such terms as he considers necessary or advisable.
(2) The Lieutenant-Governor in Council shall designate a chairman and may designate a vice-chairman from among the members of a Special Commission.
(3) In the case of the absence or inability to act of the chairman or of there being a vacancy in the office of the chairman, the vice-chairman shall act as and have all the powers of the chairman, and in the absence of the chairman and vice-chairman from a meeting of a Special Commission, the members of the Special Commission present at the meeting shall appoint an acting chairman who shall act as and have all the powers of the chairman during the meeting.
(4) Every vacancy on a Special Commission caused by the death, resignation, or incapacity of a member may be filled by the appointment, by the Lieutenant-Governor in Council, of a person to hold office for the remainder of the term of that member.
(5) Each of the members of a Special Commission is eligible for reappointment upon the expiration of his term of office.
(6) The members of a Special Commission shall be paid such remuneration and expenses as are determined by the Lieutenant-Governor in Council.
(7) A Special Commission may, with the approval of the minister, appoint and pay such assistants, advisers and employees as are necessary for the purpose of carrying out its duties.
1976-48-2.
3 A Special Commission may inquire into all matters pertaining to the relationships between an employer and its employees or their trade-unions and the disputes or differences arising between them, with a view to securing and maintaining industrial peace and furthering harmonious relations between them and
(a) may report its recommendations to the minister from time to time, and shall report to the minister on request, and
(b) if directed by the minister, shall publish the report.
1976-48-3.
4 A Special Commission, in carrying out an inquiry under this Act,
(a) has the powers, privileges and protection of a commission under sections 16, 17, 22 (1), 23 (a), (b) and (d) to (f) and 32 of the Public Inquiry Act,
(b) may receive and accept evidence and information on affidavit or otherwise, as in its discretion it considers advisable, whether or not it is admissible as evidence in court, and
(c) may determine its own procedure, but shall give an opportunity to any interested party to present evidence and make representations.
1976-48-4; 2003-99-2.
5 (1) Without limiting the generality of section 3, a Special Commission may inquire into and make a report and recommendations respecting
(a) the procedures to be followed for development and implementation of job evaluation in an employer's operations, and
(b) any other matter affecting relations between an employer and its employees not included or referred to in a collective agreement.
(2) A report and recommendations of a Special Commission
(a) made under subsection (1) (a)
(i) may include a provision that all or any part of the report and recommendations shall be deemed to be a part of a collective agreement, or, if a collective agreement is not then in force, of a collective agreement thereafter entered into, and
(ii) is final and binding on the employer, the trade-union affected and the employees on whose behalf it is entitled to bargain, or
(b) made under subsection (1) (b) is final and binding, if a Special Commission so recommends, on the employer, the trade-union affected and the employees on whose behalf it is entitled to bargain for a period, not exceeding 90 days, stated in the recommendation, or
(c) made under this section may be varied by agreement between the employer and the trade-unions affected.
1976-48-5.
6 In this Part
"collective agreement" means a collective agreement between the employer and its employees, or their trade-union, that expired before this Part comes into force and has not been renewed;
"employer" means the British Columbia Railway Company;
"normal operations" means such operations of the employer as require the employment of not less than the normal number of employees employed during a period specified in an order of the Lieutenant-Governor in Council.
1976-48-6.
7 (1) Within 48 hours after the coming into force of this section,
(i) shall resume its normal operations,
(ii) shall re-engage and resume the employment of every employee required for its normal operations, and
(iii) shall not declare, authorize, acquiesce in, or engage in a lockout of employees,
(b) every employee of the employer who was bound by a collective agreement to which this Part applies shall resume the normal duties of his employment with the employer,
(c) no person or trade-union affected by this Part shall declare, authorize, acquiesce in, or engage in a strike of the operations of the employer, or declare, authorize, acquiesce in, or engage in picketing of the place of business, operations, or employment of the employer, and
(d) every person who is authorized on behalf of a trade-union affected by this Part to bargain collectively with the employer for the amendment, renewal, or revision of a collective agreement shall give notice to the members of that trade-union on whose behalf he is authorized to bargain that
(i) a declaration, authorization, or direction to go on strike, declared, authorized, or given to them before or after the coming into force of this section, has become or is invalid, and
(ii) any strike and picketing is prohibited by reason of the coming into force of this section,
and shall inform those members of their obligations under paragraph (b).
(2) No person acting on behalf of the employer shall
(a) refuse to permit, or authorize or direct another person to refuse to permit, an employee of the employer who went on strike before the coming into force of this section to resume the duties of his ordinary employment forthwith, or
(b) suspend, discharge, or in any manner discipline, or authorize or direct another person to suspend, discharge, or in any other manner discipline such an employee
by reason of his having been on strike before the coming into force of this section.
(3) Nothing in this Part shall be construed as affecting the right of the employer to suspend, discharge, or discipline an employee for just and reasonable cause.
1976-48-7.
8 (1) The term of every collective agreement to which this Part applies is extended to include the period beginning from its expiry date and ending on the date on which a new or revised collective agreement comes into effect.
(2) The terms and conditions of every collective agreement to which this Act applies are effective and binding on the parties to it for the period referred to in subsection (1), notwithstanding anything in the Labour Code of British Columbia or in the collective agreement.
(3) During the term during which a collective agreement is extended by subsection (1),
(b) subject to section 7 (3), the employer shall not, except with the consent of the trade-unions, alter the rates of wages of the employees or any other term or condition of employment that was in operation on the expiry date referred to in subsection (1), and
(c) the trade-unions shall not, except with the consent of the employer, alter any of the terms or conditions of employment that were in operation on the expiry date referred to in subsection (1).
1976-48-8.
9 (1) Where the employer and any trade-union are unable to conclude a new or revised collective agreement, the minister may appoint one or more persons as a Board of Arbitration.
(2) Where more than one person is appointed, the Board of Arbitration shall consist of a chairman, and members, equal in number, representing the employer and the employees of the employer.
(3) Where an arbitrator is unable to enter on or complete his duties so as to enable him to render his decision within a reasonable time after his appointment, the minister shall appoint another person to act as arbitrator in his place and the inquiry may begin as a re-hearing or proceed to completion.
(4) The Board of Arbitration shall determine its own procedure, but shall give full opportunity to the employer and the trade-unions affected to present their evidence and make their submissions.
(5) The Board of Arbitration has all the powers of an arbitrator under the Labour Code of British Columbia.
1976-48-9.
10 The employer and the trade-unions affected shall, upon the appointment of a Board of Arbitration by the minister, forthwith, with the assistance of the Board of Arbitration, enter into negotiations with a view to the settlement of the matters in dispute, and shall negotiate in good faith and make every reasonable effort to conclude a settlement and to enter into a new or revised collective agreement.
1976-48-10.
11 (1) The Board of Arbitration shall examine into and decide all matters remaining in dispute between the employer and the trade-unions affected and any other matters that appear to the Board of Arbitration to be necessary to be decided in order to conclude new or revised collective agreements between the parties.
(2) The Board of Arbitration shall remain seized of and may deal with all matters in dispute until new or revised collective agreements between the employer and the trade-unions affected are in full force and effect.
(3) Where, before or during the proceedings before the Board of Arbitration, the employer and a trade-union affected agree upon some matters to be included in a new or revised collective agreement and they so notify the Board of Arbitration in writing, the decision of the Board of Arbitration shall include those matters and, in addition
(a) the matters not agreed upon between the employer and the trade-unions affected,
(b) such other matters as may be agreed upon by the employer and those trade-unions, and
(c) such other matters as may appear to the Board of Arbitration to be necessary to be decided in order to conclude the new or revised collective agreements.
(4) The Board of Arbitration shall conclude the inquiry and give its decision within 30 days after the commencement of the inquiry; but the minister may extend the inquiry for such period as he considers necessary or advisable, or where all the parties to a particular collective agreement agree in writing, the Board of Arbitration may extend the inquiry for the period agreed upon.
(5) Where, before or during the proceedings before the Board of Arbitration, the employer and the trade-unions agree, the Board of Arbitration may use
or a combination of those methods, in order to make a decision on all matters remaining in dispute.
1976-48-11.
12 (1) The decision of the Board of Arbitration shall be final and binding upon the employer and the trade-unions affected and the employees on whose behalf the trade-unions are entitled to bargain.
(2) Within 7 days after the date of the decision of the Board of Arbitration or such longer period as may be agreed upon in writing by the parties to a particular collective agreement, the parties shall prepare and execute documents giving effect to the decision of the Board of Arbitration, and the documents so executed constitute new or revised collective agreements.
(3) If the parties fail to prepare and execute documents in the form of new or revised collective agreements giving effect to the decision of the Board of Arbitration within the period referred to in subsection (2), the parties or any of them shall notify the Board of Arbitration in writing forthwith, and the Board of Arbitration shall prepare documents in the form of new or revised collective agreements giving effect to the decision of the Board of Arbitration and any agreement of the parties and submit the documents to the parties for execution.
(4) If the parties or any of them fail to execute the documents prepared by the Board of Arbitration within a period of 7 days after the day of submission of the documents by the Board of Arbitration to them, the documents shall come into effect as though they had been executed by the parties and the documents constitute new or revised collective agreements under the Labour Code of British Columbia.
1976-48-12.
13 (1) The Arbitration Act does not apply to proceedings under this Act.
(2) The employer and the trade-unions affected shall assume their own costs of proceedings under this Act, and the remuneration and expenses of the chairman of the Board of Arbitration shall be paid out of the Consolidated Revenue Fund without an appropriation other than this Act.
1976-48-13.
14 Where a new or revised collective agreement comes into effect pursuant to this Part, this Part ceases to apply to the parties to that collective agreement.
1976-48-14.
15 In this Part, "normal operations" means such operations of an employer as require the employment of not less than the normal number of employees employed during a period specified in an order made under section 16.
1976-48-15.
16 (1) Where an employer and a trade-union are unable to conclude a collective agreement and the Lieutenant-Governor in Council is of the opinion that an immediate and substantial threat to the economy and welfare of the Province and its citizens exists or is likely to occur, he may, by order, prescribe a period, not exeeding 90 days, during which
(a) the employer shall continue or, within 48 hours after the order is made, resume its normal operations, and shall re-engage and resume the employment of every employee required for its normal operations,
(b) the employer shall not declare, authorize, acquiesce in, or engage in a lockout of employees,
(c) the employer shall not transfer, lay off, or demote an employee without just and reasonable cause,
(d) every employee shall continue or, on the call of the employer pursuant to paragraph (a), resume the normal duties of his employment with the employer,
(e) neither the trade-union nor any person on its behalf, nor any employee of the employer on whose behalf the trade-union is entitled to bargain, shall declare, authorize, acquiesce in, or engage in a strike of the operations of the employer, or declare, authorize, acquiesce in, or engage in picketing of the place of business, operations, or employment of the employer, and
(f) the terms and conditions of employment shall be those terms and conditions prevailing with respect to the employees of that employer during the period specified under section 15, except to the extent that the employer and the trade-union affected agree to vary them.
(2) Every person, who at the time an order under subsection (1) is made is authorized on behalf of a trade-union to bargain collectively with the employer for a collective agreement, shall
(a) immediately give notice to the employees on whose behalf he is authorized to bargain
(i) that a declaration, authorization, or direction to go on strike, declared, authorized, or given to them before or after the time the order is made, is suspended for the period prescribed in the order, and
(ii) that any strike and picketing is prohibited by reason of the order, and
(b) inform those employees of their obligations under subsection (1) (d).
(3) No person acting on behalf of the employer shall
(a) refuse to permit, or authorize or direct another person to refuse to permit, an employee who went on strike before the time of an order under subsection (1) to resume the duties of his ordinary employment, or
(b) suspend, discharge, or in any manner discipline, or authorize or direct another person to suspend, discharge, or in any other manner discipline such an employee
by reason of his having been on strike before the time the order is made.
(4) Nothing in this Act shall be construed as affecting the right of the employer to suspend, discharge, or discipline an employee for just and reasonable cause.
(5) The Lieutenant-Governor in Council may, by order, extend the period referred to in subsection (1) for a further period not exceeding 14 days.
(6) The Lieutenant-Governor in Council shall not make an order under subsection (1) or (5) more than once in respect of the same dispute.
1976-48-16.
17 (1) Where the Lieutenant-Governor in Council has made an order under section 16, the minister shall forthwith appoint a special mediator to confer with the parties to assist them in settling the terms of a collective agreement, and where the minister appoints more than one special mediator he shall designate a chairman.
(2) In this section, "special mediator" means one or more special mediators appointed pursuant to this section.
(3) The special mediator may determine his own procedures and both the employer and trade-union shall comply with those procedures, and where the special mediator requests information from the employer or trade-union the employer or trade-union, as the case may be, shall provide the special mediator with full and complete information.
(4) The special mediator shall, no later than a date prescribed in his appointment, make a report to the minister setting out the progress of the mediation.
(5) The special mediator shall not, in his report, recommend the terms and conditions of settlement of the dispute, unless he considers that such recommendations would resolve the dispute between the parties.
(6) Where the dispute is not resolved, the special mediator shall, not later than a date prescribed in his appointment, report to the minister his recommendations as to the procedures that should be followed to achieve a collective agreement.
1976-48-17.
18 (1) Where the special mediator recommends, pursuant to section 17 (6), that fact-finding should be the procedure to be followed, the minister may appoint a person as the fact-finder.
(2) The fact-finder shall confer with the parties and inquire into, ascertain and make a report setting out the matters agreed upon by the parties for inclusion in a collective agreement and all matters remaining in dispute between the parties, and the fact-finder shall, in his report, include his findings in respect of any matter that he considers relevant to the conclusion of a collective agreement, and may recommend terms of settlement of all matters remaining in dispute.
(3) The fact-finder, in carrying out his duties,
(a) may require an employer or trade-union to provide him with information, and the employer or trade-union, as the case may be, shall forthwith comply with the request,
(b) may make an order requiring a person to do any of the following:
(i) attend, in person or by electronic means, before the fact-finder to answer questions on oath or affirmation, or in any other manner;
(ii) give evidence or information on affidavit or otherwise;
(iii) produce for the fact-finder a record or thing in the person's possession or control,
(b.1) may apply to the Supreme Court for an order
(i) directing a person to comply with a requirement or an order made under paragraph (a) or (b), or
(ii) directing any directors and officers of a person to cause the person to comply with a requirement or an order made under paragraph (a) or (b), and
(c) may determine his own procedure, but shall give an opportunity to the employer and trade-union to present evidence and make representations,
(4) The fact-finder shall submit a report to the parties within 20 days following the date of his appointment, or within such longer period of time as the minister directs.
(5) The report of the fact-finder is not binding on the parties but is made for the advice and guidance of the parties, and upon receipt of the report the parties shall endeavour, in good faith, to conclude a collective agreement.
(6) Except as provided in subsection (4), no person shall publish or distribute the report of the fact-finder; but if a collective agreement has not been concluded within 10 days after the submission of the report to the parties, the fact-finder shall submit his report to the minister, who may publish and distribute the report in any manner he considers advisable.
1976-48-18; 2003-99-2.
18.1 (1) At an oral hearing, the fact-finder may make orders or give directions that he or she considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the fact-finder may call on the assistance of any peace officer to enforce the order or direction.
(2) A peace officer called on under subsection (1) may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.
(3) Without limiting subsection (1), the fact-finder, by order, may
(a) impose restrictions on a person's continued participation in or attendance at a hearing, and
(b) exclude a person from further participation in or attendance at a hearing until the fact-finder orders otherwise.
18.2 (1) The failure or refusal of a person subject to a requirement or an order under section 18 (3) (a) or (b) to do any of the following makes the person, on application to the Supreme Court by the fact-finder, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:
(a) attend before the fact-finder;
(b) take an oath or make an affirmation;
(d) produce records or things in the person's possession or control.
(2) The failure or refusal of a person subject to an order or direction under section 18.1 to comply with the order or direction makes the person, on application to the Supreme Court by the fact-finder, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.
(3) Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the Supreme Court.
18.3 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a fact-finder, or a person acting on behalf of or under the direction of a fact-finder, because of anything done or omitted
(a) in the performance or intended performance of any duty under section 18, or
(b) in the exercise or intended exercise of any power under sections 18 to 18.2.
(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.
19 (1) The Code and the regulations made under it apply in respect of the matters to which this Act applies, but if there is a conflict or inconsistency between this Act and those enactments, this Act applies.
(3) Any question or difference between the parties
(a) as to whether this Act or a binding report or recommendation of the Special Commission has been complied with, or
(b) respecting the interpretation or application of this Act or the regulations, or an order made under this Act
may be referred by the parties or any of them to the Labour Relations Board, and the Labour Relations Board may decide the question or difference and enforce the decision
(d) by applying any of the remedies
available for the enforcement of a decision or order of the Labour Relations Board under the Code.
1976-48-19; 2003-99-3.
22 (1) This Act, except Part II, comes into force on a day to be fixed by Proclamation.
(2) Part II comes into force on June 15, 1976.
1976-48-22.
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