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

Marginal note:Mediation-Arbitration Commissions

9. After the coming into force of this Part, a Mediation-Arbitration Commission shall be established in accordance with section 10 in respect of each of the following bargaining units and the Minister shall, subject to subsection 10(8), refer to each Commission all matters that at the time of the establishment of the Commission remain in dispute between the parties in relation to the conclusion of a new collective agreement:

• (a) the bargaining unit of clerical employees represented by the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW — Canada);

• (b) the bargaining unit of shopcraft employees represented by the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW — Canada) pursuant to an order issued by the Canada Labour Relations Board on June 29, 1994;

• (c) the bargaining unit of maintenance of way employees represented by the Brotherhood of Maintenance of Way Employees;

• (d) the bargaining unit of all running trades employees represented by the Canadian Council of Railway Operating Unions pursuant to an order issued by the Canada Labour Relations Board on August 9, 1993;

• (e) the bargaining unit of security personnel represented by the Canadian National Railways Police Association;

• (f) the bargaining unit of signallers and other employees represented by the International Brotherhood of Electrical Workers; and

• (g) the bargaining unit of traffic controllers and other employees represented by the Rail Canada Traffic Controllers.

Marginal note:Composition

• 10. (1) Each Commission shall consist of a Chairperson and two other members, one of whom shall represent the union representing the bargaining unit and the other of whom shall represent the employer.

• Marginal note:Appointment of members

  (2) Forthwith after the coming into force of this Part, the Minister shall, by notice in writing in respect of each Commission, require the employer and the union representing the bargaining unit to each appoint a person to represent it on the Commission.

• Marginal note:Failure to appoint

  (3) Where the employer or a union fails or neglects to appoint a member of a Commission within seven days after receiving the notice referred to in subsection (2), the Minister shall appoint, as a member of the Commission, a person whom the Minister considers to be qualified to be such a member, and the member so appointed shall be deemed to have been appointed by the employer or the union, as the case may be.

• Marginal note:Appointment of Chairperson

  (4) The Minister shall, before giving the notice referred to in subsection (5), appoint as Chairperson of a Commission a person whom the Minister considers to be qualified to be Chairperson.

• Marginal note:Notification to parties

  (5) When the employer and the union representing the bargaining unit have notified the Minister of their appointment of a person to represent them, or when a member is deemed to have been appointed for them, the Minister shall give notice to the employer and the union of the names of the members of the Commission, and thereupon it shall be conclusively presumed that the Commission described in the notice has been established as of the date the notice is given.

• Marginal note:Substitution of member

  (6) Where a person ceases to be a member of a Commission before the Commission has completed its work, another member shall be appointed in the person’s place in accordance with this section.

• Marginal note:Same person may be appointed

  (7) A person may be appointed to more than one Commission.

• Marginal note:Tentative agreements

  (8) Where the employer and a union representing a bargaining unit referred to in section 9 have, before the issuance of the notice referred to in subsection (2) or (5),

  • (a) reached a tentative agreement for the resolution of the matters in dispute between them, or

  • (b) agreed to a process for the final resolution of those matters,

  the Minister may defer the giving of the notice until such time as the Minister considers appropriate, and if a new collective agreement is entered into between the employer and the union in respect of the bargaining unit before that time, a Commission need not be established in respect of the bargaining unit.

• Marginal note:Matters referred to Commission

  (9) Where the giving of the notice referred to in subsection (2) or (5) in respect of a Commission is deferred and the Minister subsequently considers that the establishment of the Commission is necessary, the Minister shall give to the parties the notice that has been deferred and, on the establishment of the Commission, the Minister shall refer to the Commission all matters for which there is no final settlement at the time of the establishment of the Commission.