Civil Air Navigation Services Commercialization Act — C-29.7 62
Collective agreements and arbitral awards continued 62 (1) Every collective agreement or arbitral award that applies to a designated employee referred to in section 58 and that is in force immediately before the transfer date continues in force until its term expires. Extended collective agreements continued (2) Every collective agreement referred to in subsection (1) that is in force beyond the term of the agreement by virtue of an extension provided for in the collective agreement continues in force until the extension expires. Binding effect of continued collective agreements and arbitral awards (3) A collective agreement or arbitral award continued under this section is binding on (a) the Corporation, as if it were the employer referred to in the collective agreement or arbitral award; (b) the bargaining agent that is a party to the collective agreement or arbitral award; and (c) the employees of the Corporation in the bargaining unit in respect of which that bargaining agent has been certified. Application of Acts (4) The Public Service Staff Relations Act and the Public Service Employment Act continue to apply on and after the transfer date in all respects to all matters arising before the transfer date in relation to the interpretation and application of any collective agreement or arbitral award continued under this section, whether or not the collective agreement or arbitral award has expired. Grievances — proceedings continued (5) Proceedings under Part IV of the Public Service Staff Relations Act that were commenced before the transfer date in respect of a collective agreement or arbitral award continued under this section shall be continued as though the Corporation were the employer referred to in the collective agreement or arbitral award. Grievances — proceedings may be commenced (6) Where events giving rise to a right to commence proceedings under Part IV of the Public Service Staff Relations Act in respect of a collective agreement or arbitral award continued under this section occurred before the transfer date but the proceedings had not commenced before that date, the proceedings may be commenced on or after the transfer date in accordance with the collective agreement or arbitral award and proceeded with as though the Corporation were the employer referred to in the collective agreement or arbitral award. Deeming (7) For the purposes of subsections (5) and (6), anything done, or not done, by Her Majesty in right of Canada as represented by the Treasury Board is deemed to have been done, or to have not been done, as the case may be, by the Corporation. Settlement of differences (8) Subsections 57(2) to (6), sections 58 to 66 and subsection 67(5) of the Canada Labour Code apply in respect of differences concerning the interpretation, application, administration or alleged violation of any collective agreement or arbitral award continued by this section that arise on or after the transfer date between (a) the Corporation and the bargaining agent that is a party to the collective agreement or arbitral award; or (b) the Corporation and employees of the Corporation bound by the collective agreement or arbitral award. Deeming (9) A collective agreement or arbitral award continued by this section is deemed to be a collective agreement within the meaning of section 49 of the Canada Labour Code , and Part I of that Act, other than section 80, applies in respect of the renewal or revision of the collective agreement or the entering into of a new collective agreement.