Marginal note:Short title

1. This Act may be cited as the Maintenance of Railway Operations Act, 1995.

Marginal note:Definitions

• 2. (1) In this Part,

  “collective agreement”

  « convention collective »

  “collective agreement” means a collective agreement between the employer and a union that expired on December 31, 1993, and includes any related arrangements between the employer and the union concerning terms and conditions of employment or benefits related to employment;

  “Commission”

  « commission »

  “Commission” means a Mediation-Arbitration Commission established under this Part;

  “employee”

  « employé »

  “employee” means a person who is employed by the employer and is a member of a bargaining unit represented by a union;

  “employer”

  « employeur »

  “employer” means the Canadian National Railway Company;

  “Minister”

  « ministre »

  “Minister” means the Minister of Labour;

  “union”

  « syndicat »

  “union” means a trade union named in Schedule I.

• Marginal note:Words and expressions

  (2) Unless otherwise provided, words and expressions used in this Part have the same meaning as in Part I of the Canada Labour Code.

Marginal note:Operations

3. On the coming into force of this Part,

• (a) the employer shall continue or forthwith resume, as the case may be, operation of railway and subsidiary services; and

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

Marginal note:Obligations of employer

4. Neither the employer nor any 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 on strike before the coming into force of this Part.