The court orders the Quebec government, Health Minister Christian Dubé and the Employers' Health Bargaining Committee to pay $315,000 divided among seven health unions for obstructing their activities and conducting dishonest negotiations.
Published at 8:49 am. Updated at 10:29 a.m
Lia Lévesque The Canadian Press
The Administrative Labor Court finds that the Government of Quebec, Minister Dubé and the employer's bargaining committee failed in their obligation to negotiate in good faith and obstructed the activities of the seven health unions that filed a complaint. He also orders them to stop.
The dispute related to an order from the Ministry of Health relating to the double payment of overtime in the context of COVID-19 and staff shortages in the summer of 2022, without prior negotiation with the unions.
They complained that Quebec had unilaterally changed the overtime pay conditions provided for in collective agreements. They saw this as an obstacle to union activity and a breach of the obligation to bargain in good faith.
“Complete disrespect”, “criminal behavior”
In its decision, the labor court sharply criticized the employer side.
The court can only determine the defendant's negligent behavior at a crucial stage when the organizations are negotiating the renewal of collective agreements.
Line Lanseigne, administrative judge, in her decision
“The evidence clearly shows that there was no consultation or negotiation to change these working conditions negotiated in the collective agreements following a rigorous process in line with the requirements of the Code and applicable laws. This approach ignores the role of the associations as the sole negotiating partner. More than that, it shows complete disrespect for the collective bargaining process,” the court added.
“Such insidious actions such as those of the defendants are clearly intended to embarrass, stop, slow down or hinder union activities. “They directly and inevitably disrupt the balance of power and undermine the most fundamental role of associations: negotiating the working conditions of their members,” writes Administrative Judge Lanseigne.
“The role of the MSSS [ministère de la Santé] “To ensure that the health system and social services function properly, the right to collective bargaining enjoyed by trade union organizations can be easily reconciled,” she adds.
She herself emphasizes that this is a repeated offense by the government. “Worse still, the MSSS and the CPNSSS [Comité patronal de négociation] They reproduce government behavior similar to that which the court has condemned three times. » Although some of these decisions have been appealed, “there is a presumption of the validity of these decisions,” she recalls.
Consequently, the Government of Quebec, the Employers' Bargaining Committee and Minister Dubé must pay $45,000 in punitive damages to each of the seven plaintiffs: the FIQ, the APTS, the CSQ-affiliated Health Federation, the FTQ-affiliated CUPE, the Quebec Union of Service Employees, affiliated to the FTQ, the Federation of Professionals, affiliated to the CSN, and the Federation of Health and Social Services, affiliated to the CSN.