Unions file court challenge to Quebec labour law to end strikes

Major labour organizations are putting their money where their mouth is: on Monday, they filed legal challenges in Superior Court against a law that allows the Labour Minister to end a labour dispute and impose arbitration in certain circumstances.

The law came into effect on Nov. 30.

Known as “the Act to give greater consideration to the needs of the population in the event of a strike or lockout,” it was passed last May.

This law was invoked, but not applied, in the case of the Montreal public transit (STM) maintenance workers’ strike.

The law allows the minister, if he considers that a labour dispute ‘causes or threatens to cause serious or irreparable harm to the public’ and that mediation has not been successful, to refer the dispute to an arbitrator. The arbitrator would then be called upon to determine the working conditions of the employees concerned.

The five appeals for judicial review were filed in a coordinated manner before the Superior Court by the CSQ, the CSN, the FTQ, the CSD and the APTS.

These organizations warned from the outset that they would eventually challenge Law 14, better known by its former name, Bill 89.

According to them, the new law upsets the balance of power between employers and unions by encouraging employers to drag out negotiations or labour disputes while waiting for the government to intervene.

The APTS, CSQ, CSN, CSD and FTQ also criticize the law for infringing on the freedom of association, which is guaranteed by the charters.

“In our opinion, the law undermines freedom of association. It also gives the government a lot of discretionary powers in terms of partially or completely limiting the right to strike, which is a fundamental and constitutionally protected right,” explained CSN President Caroline Senneville in an interview.

“It also gives the minister discretionary power to end a strike or lockout and order the end of negotiations and binding arbitration,’ added Senneville.

“This is particularly perverse because an arbitrator will usually want to split the difference. But if we continue to make concessions at the bargaining table, and the bosses never do, or not, because they are waiting… well, the arbitrator will decide between a party that has made concessions and a party that has not budged. So, effectively, it upsets the balance of power,” said Senneville.

More than 50,000 union members marched in downtown Montreal Saturday, denouncing the Legault government’s proposed union reform bill.

The new law also goes further than maintaining strictly essential services based on public health and safety. It also includes provisions aimed at maintaining “services that ensure the well-being of the population in order to prevent disproportionate impacts on the social, economic or environmental security of the population.”

–This report by La Presse Canadienne was translated by CityNews