Hydro-Québec, two unions in court over flags on a fence

By Lia Lévesque, The Canadian Press

Hydro-Québec and two of its unions found themselves in court over union flags displayed on fences.

The Administrative Labour Tribunal (TAT) has just dismissed complaints of interference with union activities, which had been filed by two local chapters of the Canadian Union of Public Employees (CUPE), after the employer removed the flags.

The flags had been placed on fences in a parking lot on Hydro-Québec property in Quebec City last April, during negotiations to renew the collective bargaining agreements. These agreements expired on Dec. 31, 2023, and negotiations remain unresolved to this day.

These flags featured the slogan “high-tension work environment” and a yellow triangle, which represents a warning sign. They also included the message “we must be part of the solution” along with the website address of the two unions.

Believing that this violated the company’s posting rules, the employer removed the banners the first time, then returned them to the unions.

“According to the employer, displaying the banners violates its management policy regarding indoor and outdoor postings on its buildings. Indoors, signage is permitted only for information specified in collective bargaining agreements; otherwise, it must be authorized by the employer in advance and comply with the building’s signage rules. According to the management policy, no union signage is permitted in the employer’s public areas,” the TAT said.

A representative of the employer had notified the union that if flags were displayed again, they would be removed and “held until the end of negotiations,” the Tribunal reported.

In May, members had put the flags back up, “but this time only on the fence separating the employee parking lot from the employer’s truck parking lot,” and not on the fence separating the street from the truck parking lot, the Tribunal reported.

The employer removed them again two days later.

The unions representing skilled workers and technologists therefore filed complaints alleging interference with union activities, arguing that the employer’s action violated their freedom of expression and hindered the mobilization of their members.

“Both unions assert that they took great care not to place the flags on the doors or in locations likely to obstruct visibility, so as not to compromise safety. Furthermore, there was no damage to the employer’s equipment,” reported Administrative Judge Jean Paquette.

Furthermore, other types of small flags were tolerated. “The display of pennants designed to be attached to truck windows is deemed to comply with the management rule, as the truck is considered the employee’s workspace,” the administrative judge noted in his decision.

However, the Court has just dismissed these complaints, ruling that the employer was merely responding to union actions by enforcing rules that were adopted 22 years ago.

“The employer did not seek to hinder the activities of the two unions. It was responding to their decisions to display several flags on exterior fences located in the company’s public space. This display by the two unions does not comply with the rules adopted by the employer to regulate various forms of signage, including union-related signage,” the court concluded.

–This report by La Presse Canadienne was translated by CityNews

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