1993 Legislative Session: 2nd Session, 35th Parliament

The following electronic version is for informational purposes only.
The printed version remains the official version.


BILL M 222--1993


HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 That Section 10 is amended by adding the following:

(5) Immediately upon the appointment of a Special Mediator and notwithstanding the Labour Relations Code,

(a) the employer shall not lock out or declare a lockout of any of its employees and shall terminate any lockout,

(b) the trade union and the employees shall not strike or declare a strike and shall terminate any strike,

(c) every employee shall resume his or her ordinary duties and work schedules of employment with the employer,

(d) any declaration, authorization or direction to go on strike given before or after the coming into force of this Act becomes invalid by reason of this Act,

(e) an officer or representative of the trade union shall not in any manner impede or prevent, or attempt to impede or prevent, any person to whom paragraphs (a) to (c) apply from complying with those paragraphs, and

(f) the employer or a person acting on behalf of the employer shall not

(i) refuse to permit any person to whom paragraphs (a) to (c) apply to continue or resume the ordinary duties of his or her employment, or

(ii) discharge or in any other manner discipline such a person by reason of the person having been locked out or on strike prior to the coming into force of this Act.

(6) The collective agreement between the employer and the trade union, that

(a) last expired before this Act comes into force, and

(b) has not been renewed is extended and is deemed to be in effect for the period from the expiry date of the collective agreement to the date on which a renewed or revised collective agreement between the employer and the trade union, comes into force.

(7) Nothing in this Act affects the right of the employer to suspend, transfer, lay off, discharge or discipline an employee in accordance with the collective agreement referred to in subsection (2) or concluded under this Act.

Explanatory Notes

This Bill rectifies inherent errors in The Educational Programs Continuation Act by granting to employees and employers of School Districts included under Part II, the same rights, processes and protection granted to the Vancouver district under Part I. In particular, it rectifies a major error of the Act which places employees in limbo with no collective agreement while arbitration is in process.

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