British Columbia Grain Handling Operations Act (S.C. 1991, c. 25)

Marginal note:Continuation or resumption of grain handling operations

15. On the coming into force of this Part,

• (a) the employer shall forthwith continue or resume, as the case may be, grain handling operations in the port of Prince Rupert, British Columbia; and

• (b) every employee shall, when so required, forthwith continue or resume, as the case may be, the duties of that employee’s employment.

Marginal note:Obligations of employer

• 16. (1) Neither the employer nor any officer or representative of the employer shall

  • (a) in any manner impede any employee from complying with paragraph 15(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 on strike before the coming into force of this Part.

• Marginal note:Obligations of union

  (2) The union and each officer and representative of the union shall

  • (a) forthwith on the coming into force of this Part, give notice to the employees that, by reason of that coming into force, grain handling operations are forthwith to be continued or resumed, as the case may be, in the port of Prince Rupert, British Columbia and the employees, when so required, are forthwith to continue or resume, as the case may be, the duties of their employment;

  • (b) take all reasonable steps to ensure that employees comply with paragraph 15(b); and

  • (c) refrain from any conduct that may encourage employees not to comply with paragraph 15(b).

Marginal note:Extension of collective agreement

• 17. (1) The term of the collective agreement is extended to include the period beginning on January 1, 1990 and ending on December 31, 1992.

• Marginal note:Collective agreement binding for extended term

  (2) The collective agreement, as amended by or pursuant to this Part, is effective and binding on the parties thereto for the period for which the agreement is extended by subsection (1) notwithstanding anything in Part I of the Canada Labour Code or in the agreement, and Part I of that Act applies in respect of the agreement, as so amended, as if that period were the term of the agreement.

Marginal note:Strikes and lockouts prohibited

18. During the term of the collective agreement, as extended by subsection 17(1),

• (a) the employer shall not declare or cause a lockout against the union;

• (b) no officer or representative of the union shall declare or authorize a strike against the employer; and

• (c) no employee shall participate in a strike against the employer.