1993 Legislative Session: 2nd Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE MOE SIHOTA
MINISTER OF LABOUR AND CONSUMER SERVICES AND MINISTER
RESPONSIBLE FOR CONSTITUTIONAL AFFAIRS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 (1) In this Act
"employee" means an employee of the employer within a bargaining unit for which the trade union is certified;
"minister" means the Minister of Labour and Consumer Services;
"parties" means the employer and the trade union.
(2) The Labour Relations Code and the regulations 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 the Labour Relations Code, this Act applies.
2 In this Part
"employer" means the Board of School Trustees of School District No. 39 (Vancouver);
"trade union" means the Vancouver Teachers' Federation.
3 (1) Immediately on the coming into force of this Act 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.
(2) 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.
(3) 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.
4 (1) The minister shall appoint an arbitrator to resolve the dispute between the parties.
(2) If the arbitrator is unable to complete his or her duties, the minister may appoint another person to act in his or her place and the arbitration may continue or recommence as the new arbitrator determines.
(3) The arbitrator shall determine his or her own procedure and shall give full opportunity to the parties to present evidence and make submissions.
(4) The arbitrator has the powers and authority of an arbitration board under the Labour Relations Code.
(5) The arbitrator may be paid remuneration and expenses determined by the minister.
5 (1) The arbitrator shall renew or revise a collective agreement for the parties.
(2) The decision of the arbitrator shall include provisions agreed to by the parties.
(3) The arbitrator shall conclude the arbitration and give his or her decision within 30 days after appointment of the arbitrator but the minister may extend the term.
(4) The decision of the arbitrator shall provide that the renewed or revised collective agreement takes effect from a date set out in the decision.
6 (1) The decision of the arbitrator is binding on the parties and on the employees on whose behalf the trade union is entitled to bargain except insofar as the parties agree to vary it.
(2) If it is shown to the satisfaction of the arbitrator that an error is apparent on the face of the decision, the arbitrator may, on application of a party to the dispute within 7 days after the effective date of the decision, amend the decision.
7 (1) If the parties fail to prepare and execute documents in the form of a renewed or revised collective agreement giving effect to the decision of the arbitrator within 7 days after the arbitrator's decision, the parties, or either of them, shall notify the arbitrator in writing forthwith, and the arbitrator shall prepare documents in the form of a renewed or revised collective agreement giving effect to the decision of the arbitrator and any agreement of the parties, and submit the documents to the parties for execution.
(2) If the parties or either of them fail to execute the documents prepared by the arbitrator within 7 days after the day of submission of the documents to them, the documents come into effect as though they had been executed by the parties and constitute renewed or revised collective agreements under the Labour Relations Code.
8 In this Part
"employer" means a board of school trustees designated in the regulations;
"trade union" means a trade union designated in the regulations that represents employees of a board of school trustees.
9 When an employer and a trade union are designated in the regulations, the minister may exercise the powers set out in section 10 or 11.
10 (1) If a special mediator has been appointed under section 76 of the Labour Relations Code and has provided the parties with recommendations to settle the terms and conditions of a collective agreement, the minister may order that the recommendations of the special mediator shall be deemed to be the collective agreement between the parties.
(2) The recommendations under subsection (1) shall include any matters previously agreed to by the parties.
(3) At the request of either party within 30 days after the minister has made an order under subsection (1), the special mediator may meet with the parties and provide clarification with respect to the recommendations and the collective agreement shall be deemed to be amended to include those clarifications.
(4) The collective agreement constituted under subsection (1) may be varied by agreement between the employer and the trade union.
11 (1) If a special mediator has been appointed under section 76 of the Labour Relations Code, the minister may order that the parties have 36 hours to conclude a collective agreement.
(2) If the parties fail to conclude a collective agreement within 36 hours, the special mediator shall issue a report which shall be deemed to be the collective agreement between the parties.
(3) The report under subsection (2) shall include any matters previously agreed to by the parties.
(4) At the request of either party within 30 days after a collective agreement has been deemed to be in place between the parties under subsection (2), the special mediator may meet with the parties and provide clarification with respect to the report and the collective agreement shall be deemed to be amended to include those clarifications.
(5) The collective agreement constituted under this section may be varied by agreement between the employer and the trade union.
12 The Lieutenant Governor in Council may make regulations designating school boards and trade unions that represent employees of school boards for the purposes of this Part.
13 A party shall pay its own costs of proceedings under this Act.
14 (1) This Act is repealed on March 31, 1994 or on an earlier date set by regulation of the Lieutenant Governor in Council.
(2) Notwithstanding subsection (1), a collective agreement constituted under this Act is a collective agreement for the purposes of the Labour Relations Code and shall remain in force until the end of the term stated in the collective agreement.
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