Marginal note:Obligations of unions
5. 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 3(b); and
(c) refrain from any conduct that may encourage employees to not comply with paragraph 3(b).
Extension of Collective Agreements
Marginal note:Extension of collective agreements
6. (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.
Terms and Conditions of Employment
Marginal note:Terms and conditions of employment remain in effect
7. The terms and conditions of employment in effect immediately before March 2, 1995 for employees in the bargaining unit of shopcraft employees represented by the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW — Canada) and whose collective agreements expired on December 31, 1991 remain in effect for the period beginning on March 2, 1995 and ending on the date on which a new collective agreement between the employer and that union comes into effect for those employees.
Strikes and Lockouts Prohibited
Marginal note:Strikes and lockouts prohibited
8. (1) During the term of each collective agreement, as extended by subsection 6(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.
Marginal note:Strikes and lockouts prohibited — shopcraft employees
(2) During the period referred to in section 7,
(a) the employer shall not declare or cause a lockout against the union referred to in that section in respect of the bargaining unit of shopcraft employees;
(b) no officer or representative of that union shall declare or authorize a strike against the employer in respect of that bargaining unit; and
(c) no employee who is a member of that bargaining unit and who is subject to the terms and conditions of employment referred to in that section shall participate in a strike against the employer.
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