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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 41. When it last examined this case at its November 1999 meeting (see 318th Report, paras. 23-25), the Committee again suggested that the Government examine the possibility of introducing, in agreement with the trade union concerned, measures, such as a negotiated minimum service, in order to avoid recourse to back-to-work legislation in the postal service, and requested the Government to keep it informed in this regard.
- 42. In a communication of 7 January 2000, the Government provided information concerning the recent developments with respect to collective bargaining between the Canada Post Corporation and the Canadian Union of Postal Workers (CUPW). After the mediation-arbitration process provided in the back-to-work legislation was completed, but before the report of the mediator-arbitrator was filed, Canada Post Corporation and the CUPW renewed negotiations and arrived at a new collective agreement which is in force until January 2003. The agreement, scheduled for a union ratification vote in February 2000, will override the requirement for the mediation-arbitration report and take effect as the new collective agreement between the parties. The Government also points to a provision of the Canada Labour Code, which is a general provision requiring employers and workers subject to the Code to maintain activities (supply of services, operation of facilities or production of goods) to the extent necessary to prevent an immed
- iate and serious danger to the safety and health of the public during a legal work stoppage. In the Government's view, this approach is in line with the supervisory bodies' position concerning minimum services. Which postal service activities would be required to be maintained during a particular work stoppage is subject to the agreement of the employer and the trade union, or failing their agreement, such determination is made by the Canada Industrial Relations Board, an independent, quasi-judicial tribunal. However, given the recent conclusion of bargaining resulting in a new collective agreement which does not expire until January 2003, this question will not be subject to determination for another three years.
- 43. The Committee takes note of this information. The Committee also again draws the Government's attention to the fact that the legislative provisions referred to apply to essential services in the strict sense of the term, which would not include the postal service.
