HONOURABLE SHIRLEY BOND
MINISTER OF JOBS, TOURISM AND SKILLS TRAINING
AND MINISTER RESPONSIBLE FOR LABOUR

BILL 25 – 2014

PORT METRO VANCOUVER CONTAINER TRUCKING SERVICES CONTINUATION ACT

Contents
1 Definitions
2 Application of Labour Relations Code
3 Services continued
4 Other rights not affected
5 Collective bargaining restored
6 Offences
7 Sunset provision
8 Commencement

This Bill imposes a cooling-off period respecting the specified employers and union.

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1  In this Act:

"Code" means the Labour Relations Code;

"cooling-off period" means the period

(a) beginning on the date this Act receives Royal Assent, and

(b) ending on the date 90 days after the date referred to in paragraph (a), or on a later date specified in an order under section 3 (2);

"employee" means an individual who is an employee of an employer and who is a member of a bargaining unit represented by Unifor;

"employer" means any of the employers, and their successors and assigns, that were carrying on business under the following names on the date indicated:

(a) Aheer Transportation Ltd., on December 18, 2000;

(b) Forward Transport Ltd., on March 1, 1995;

(c) Green Light Courier Ltd., on March 10, 2006;

(d) Landway Transport, on March 6, 2007;

(e) Port Transport Inc., on May 4, 2006;

(f) Prudential Transportation Ltd., on December 7, 2005;

(g) Sunlover Holding Co. Ltd., on December 7, 2005;

"parties" means Unifor and the employers;

"Unifor" means Unifor, Local Union No. VCTA.

Application of Labour Relations Code

2  (1) The Code and the regulations made under it apply in respect of a matter to which this Act applies, but if there is a conflict or an inconsistency between this Act and those enactments, this Act applies.

(2) The Labour Relations Board has exclusive jurisdiction to decide a question arising under this Act, including any question of a conflict or an inconsistency referred to in subsection (1).

Services continued

3  (1) Despite the Code, immediately after the coming into force of this Act and until the end of the cooling-off period,

(a) an employer must not lock out or declare a lockout of any of its employees and must terminate any lockout,

(b) Unifor and the employees represented by Unifor must not strike or declare a strike and must terminate any strike,

(c) every employee must resume his or her duties and work schedules of employment with the employer,

(d) any declaration, authorization or direction to go on strike given before or after the coming into force of this Act becomes invalid,

(e) an officer or a representative of Unifor must not in any manner impede or prevent, or attempt to impede or prevent, any person to whom paragraph (b) or (c) applies from complying with either or both of those paragraphs, and

(f) an employer or a person acting on behalf of an employer must not

(i) refuse to permit any person to whom paragraphs (a) to (c) apply to continue or resume the duties of his or her employment, or

(ii) discharge or in any other manner discipline such a person by reason of the person having been locked out or having been on strike before the coming into force of this Act.

(2) Subject to subsection (3), the minister may, by order, extend the cooling-off period by not more than 30 days.

(3) The minister may make more than one order under subsection (2) but may not extend the cooling-off period for a total of more than 60 days, and may only make an order under subsection (2) while the cooling-off period is in effect.

(4) The last collective agreement in force between an employer and Unifor before the coming into force of this Act is extended and is conclusively deemed to be in effect from the beginning of the cooling-off period until the first of the following occurs:

(a) the employer and Unifor conclude a collective agreement;

(b) the end of the cooling-off period.

Other rights not affected

4  Nothing in this Act affects the right of an employer to suspend, transfer, lay off, discharge or discipline an employee in accordance with the last collective agreement in force between the employer and Unifor before the coming into force of this Act.

Collective bargaining restored

5  Within 72 hours after the coming into force of this Act, the parties must continue or commence to bargain collectively in good faith and must make every reasonable effort to conclude collective agreements or renew or revise their last collective agreements.

Offences

6  (1) An employer, or an officer or a representative of an employer, who contravenes section 3 (1) (a) or (f), as the case may be, commits an offence and is liable to the following:

(a) in the case of an employer, a fine amount of not less than $10 000 for each day on which the offence occurs;

(b) in the case of an officer or a representative of an employer, a fine amount of not less than $2 500 for each day on which the offence occurs.

(2) An employee, Unifor or an officer or a representative of Unifor who contravenes section 3 (1) (b), (c) or (e), as the case may be, commits an offence and is liable to the following:

(a) in the case of an employee, a fine amount of not more than $400 for each day on which the offence occurs;

(b) in the case of Unifor, a fine amount of not less than $10 000 for each day on which the offence occurs;

(c) in the case of an officer or a representative of Unifor, a fine amount of not less than $2 500 for each day on which the offence occurs.

(3) When sentencing a person convicted of an offence under this section, in addition to any other punishment the court may impose, the court may

(a) order the offender to comply with the provisions of this Act, and

(b) order the offender to pay compensation or make restitution to a person specified by the court for the actual loss or damage caused by or arising out of the commission of the offence.

(4) This section applies in addition to any other penalty, fine or remedy provided by the Code.

Sunset provision

7  This Act expires on September 15, 2014.

Commencement

8  This Act comes into force on the date of Royal Assent.

 
Explanatory Note

This Bill imposes a cooling-off period respecting the specified employers and union.