Hydro-Québec didn’t obstruct or engage in bad-faith negotiation with the nurses’ union, tribunal rules

Hydro-Québec did not negotiate in bad faith, nor did it interfere with the activities of the union representing construction site nurses by mentioning the possible use of employment agencies during a meeting.

The Tribunal administratif du travail (TAT) therefore dismissed the complaint filed by the local branch of the Canadian Union of Public Employees (CUPE), affiliated with the FTQ, which alleged a breach of the obligation to bargain in good faith and an obstruction of union activities.

The complaint referred to management meetings held with construction site nurses, during which a Hydro-Québec representative had raised the possibility of using employment agencies for assignments that were not filled by them.

However, this issue of outsourcing was precisely part of the dispute in the negotiations for the conclusion of a first collective agreement with this union.

The union therefore filed a complaint of obstruction and bargaining in bad faith, claiming that the employer had caused confusion and uncertainty among its members regarding the use of subcontracting.

In particular, the union argued that the employer’s representative had “circumvented the union in its role as bargaining agent, sought to undermine its credibility with its members, and attempted to weaken its bargaining power,” according to administrative judge Véronique Girard.

In her decision, she emphasized that the employer’s representative’s comments must be viewed in context. The representative had merely responded to questions raised by the union president during a meeting in which he participated. “He cannot blame the employer for bypassing him when he himself raises the issue outside the bargaining table,” the administrative judge concluded.

“The evidence does not show any intention on the part of the manager to circumvent the union or attempt to influence the outcome of the negotiations through threats. Her comments are factual and simply aim to answer the question that the union president asked the managers. The use of agency nurses is one of the possible solutions to meet operational needs not covered by registered nurses in order to comply with the regulations,” Girard wrote.

“Reaching an initial collective agreement between the parties is proving difficult, but the union has not demonstrated that the employer has failed in its obligation to negotiate in good faith,” she added.

–This report by La Presse Canadienne was translated by CityNews

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