at which a majority of the members referred to in
subsections (a)(1) and (a)(2) vote in favor of the ac-
tion.
(4) TRANSMITTAL OF MINUTES TO PRESIDENT
AND
GOVERNMENT
OF
CANADA.—The minutes of
each meeting of the Corporate Board shall be trans-
mitted to the President and the Government of Can-
ada not later than 3 days (except Saturdays, Sun-
days, and observed official holidays) after the date
of such meeting.
(h) VETO BY PRESIDENT.—Actions taken at a meet-
ing of the Corporate Board shall have no effect if, during
a period of 10 days (except Saturdays, Sundays, and ob-
served official holidays) after the minutes are transmitted
under subsection (g)(4), the President disapproves the
meeting’s minutes or any part thereof.
SEC. 103. DIRECTOR GENERAL.
(a) IN GENERAL.—The Corporation shall have a Di-
rector General who shall serve as chief executive officer
of the Corporation. The Director General shall be ap-
pointed by the Corporate Board for a term of 5 years.
(b) PERFORMANCE-BASED CONTRACT.—A person
appointed as Director General shall enter into a perform-
ance-based contract with the Corporate Board. The con-
tract shall provide for assessment of performance in terms
of each of the following: Safety, reliability, environmental
protection, trade and traffic development, and manage-
ment and financial accountability. The specific standards
for such assessments shall be established by the Corporate
Board. The contract shall incorporate measurable goals as
agreed to by the Director General and the Corporate
Board.
(c) ANNUAL PERFORMANCE REVIEW.—The Cor-
porate Board shall conduct an annual review of the per-
formance of the Director General. On the basis of the re-
sults of the review, the Corporate Board may take such
action as the Corporate Board determines appropriate to
award additional compensation as an incentive or take cor-
rective action in accordance with the terms of the contract
entered into under subsection (b) with the Director Gen-
eral.
SEC. 104. EMPLOYMENT SYSTEM AND PRACTICES.
(a) EMPLOYMENT SYSTEM.—The Corporate Board
shall establish an employment system for the Corporation.
The Corporation employment system shall—
(1) be established in accordance with the execu-
tive agreement entered into under section 4 and the
provisions of this Act;
(2) provide for the consideration of the merit of
each employee of the Corporation or candidate for
employment by the Corporation and the qualifica-
tions and fitness of the employee to hold the position
concerned;
(3) prohibit discrimination against any person
because of race, color, national origin, nationality,
religion, sex, age, or disability;
(4) be designed to maximize the productivity of
officers and employees of the Corporation; and
(5) in the case of SLSDC employees, provide
for the appropriate transfer of those employees be-
tween positions in the competitive service and posi-
tions under the employment system of the Corpora-
tion.
(b) APPOINTMENT, COMPENSATION, AND DUTIES.—
In accordance with the policies established by the Cor-
porate Board under section 102(d) and subject to sections
105(a)(1) and 105(a)(3), the Director General may ap-
point, fix the compensation of, and define the authority
and duties of, officers, employees, and agents of the Cor-
poration necessary for the management, operation, main-
tenance, and improvement of the Seaway and related fa-
cilities, equipment, and appurtenances.
(c) BASIC PAY.—Subject to sections 105(a)(1) and
105(a)(3), the Director General shall establish, and from
time to time may revise, rates of basic pay for positions
and employees of the Corporation.
(d) BENEFITS.—Subject to section 105(a)(6), the
Corporation shall offer its officers and employees a pack-
age of benefits which includes, at a minimum, sick, an-
nual, and holiday leaves, health benefits, life insurance,
retirement benefits, and a voluntary retirement savings
program. Any SLSDC employee who transfers to the Cor-
poration shall continue to receive a package of benefits,
determined on the basis of the employee’s length of serv-
ice, rate of basic pay, and other relevant factors, not less
than that to which the employee is entitled immediately
prior to the transfer.
(e) PERFORMANCE REVIEW.—The Director General
shall establish the standards of, and procedures for, the
review of job performance of an employee of the Corpora-
tion.
(f) JOB LOCATION ASSIGNMENT.—
(1) IN GENERAL.—The Director General shall
assign officers and employees of the Corporation to
facilities and installations in a manner that pro-
motes the maximum productivity of the employees
and operational efficiency of the Corporation.
(2) IMMIGRATION
AND
LABOR
DOCUMENTA-
TION.—The Corporation shall work with the Min-
istry of Citizenship and Immigration of the Govern-
ment of Canada to secure, as expeditiously as pos-
sible, the necessary permits and documentation to
allow employees of the Corporation who are citizens
of the United States or aliens lawfully admitted for
permanent residence in the United States to work at
facilities in Canada.
SEC. 105. SLSDC EMPLOYEES.
(a) TRANSFER TO CORPORATION.—
(1) LABOR AGREEMENTS.—
(A) ADOPTION.—The Corporation shall
adopt all labor agreements involving SLSDC
employees that are in effect on the day before
the date of operation. Such agreements shall re-
main in effect for the 3-year period beginning
on such date unless the agreement provides for
a shorter duration or the parties agree to the
contrary before the expiration of such 3-year
period. Such agreements shall be renegotiated
during the 3-year period unless the parties
agree otherwise.
(B) CONTINUATION.—The arrangements
made pursuant to this section shall assure that
(i) transferred SLSDC employees retain all col-
lective bargaining rights that they have on the
day before the date of operation, and (ii) the
exclusive representative for such employees is
recognized by the Corporation. In this para-
graph, the term ‘‘exclusive representative’’ has
the meaning such term has under section 7104
of title 5, United States Code.
(C) ADDITIONAL
RIGHTS.—Notwithstand-
ing any other provision of law, any SLSDC em-
ployee who transfers to the Corporation shall
have the right to negotiate through the exclu-
sive representative for salary and benefits in ad-
dition to those provided for under section 104
if, on the day before the date of operation, such
employee is—
(i) covered by a labor agreement; and
(ii) employed by the United States
and paid under the General Schedule
under section 5332 of title 5, United
States Code.
(2) RIGHTS OF TERMINATED SLSDC EMPLOY-
EES.—Any transferred SLSDC employee whose em-
ployment with the Corporation is terminated during
the 3-year period beginning on the date of operation
shall be entitled to all rights and benefits to be pro-
vided by the Corporation that are similar to those