Maintenance of Railway Operations Act, 1995 (S.C. 1995, c. 6)

Full Document:

Act current to 2013-05-26

Railway Operations

48. 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.

49. Neither the employer nor any officer or representative of the employer shall

(a) in any manner impede any employee from complying with paragraph 48(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.

50. Each union and each officer and representative of each union shall

(a) forthwith on the coming into force of this Part, give notice to the employees who are members of a bargaining unit represented by the union that, by reason of that coming into force, railway and subsidiary services are to be continued or resumed, as the case may be, and that those employees, when required to do so, are to continue or forthwith resume, as the case may be, the duties of their employment;
(b) take all reasonable steps to ensure that those employees comply with paragraph 48(b); and
(c) refrain from any conduct that may encourage employees to not comply with paragraph 48(b).

51. (1) The term of each collective agreement between the employer and a union is extended to include the period beginning on January 1, 1994 and ending on the day on which a new collective agreement between the employer and the union comes into effect.
Marginal note:Collective agreements binding for extended term
(2) Each collective agreement extended by subsection (1) is effective and binding on the parties to it for the period for which it is extended, notwithstanding anything in the collective agreement or in Part I of the Canada Labour Code, and Part I of that Act applies in respect of the collective agreement as if that period were the term of the collective agreement.

52. During the term of each collective agreement, as extended by subsection 51(1),

(a) the employer shall not declare or cause a lockout against the union that is a party to the collective agreement;
(b) no officer or representative of the union that is a party to the collective agreement shall declare or authorize a strike against the employer; and
(c) no employee who is bound by the collective agreement shall participate in a strike against the employer.