Background

The Quebec Government adopted Act 37 (An Act Respecting The Process Of Negotiation Of The Collective Agreements In The Public And Parapublic Sectors), which modifies the framework for negotiation of collective agreements in the education, social affairs and governmental agency sectors.  The Act severely restricts the right to strike, narrows the scope of collective bargaining, and empowers the Government to unilaterally impose certain terms of employment.

Complainants' Allegation

Act No. 37 runs counter to Convention No. 87 by restricting rights to organize, collectively bargain and strike. The Act:

ß       Arbitrarily imposes new bargaining methods on workers' organizations

ß       Narrows the scope of bargaining

ß       Empowers the Government to impose wage rates for the 2^nd and 3^rd years of a collective agreement

ß       Severely restricts the right to strike without providing a compensatory arbitration system

ß       Sets high essential service levels for workers in the social affairs sector, thereby effectively denying the right to strike

ß       Grants the Essential Services Council quasi-judicial powers

The CFA has previously requested the Government to repeal similar legislation (Case No. 1171 re Act Nos. 70, 105, 111).  The Government failed to do so and enacted a more offensive statute in the form of Act No. 37.

Government's Reply

Experience showed the need for reform in the bargaining framework of the public and parapublic sectors in Quebec.  After consulting with all stakeholders, the Government undertook to strike an appropriate balance between the legitimate interests of workers' organizations and the responsibility of the Government to protect the public interest.  Act 37 addresses the specific needs of the public, as opposed to the private, sector.  Quebec legislation, generally speaking, grants broad protection to workers' organizations to defend their members' interests. 

The Act promotes voluntary negotiation of collective agreements, protects workers' interests and promotes negotiation and mediation.  Act 37 was adopted only after extensive consultation with all interested parties.  Wages in the 2^nd and 3^rd years of a collective agreement are determined with the assistance of the Institute for Research and Information on Remuneration, an agency created under the Act to compile and analyse wage data in the private and public sectors. 

The Act institutes machinery to allow for bargaining at the local level on issues that should be determined on a local level, and issues such as wages to be negotiated at the national level.  The provisions regarding essential services are intended to ensure a reasonable level of service for the public and fair negotiation processes in this sector.

CFA Conclusions

The Act removes a list of matters from the scope of collective bargaining and imposes negotiation on the parties in relation to these matters.  To the extent these matters are limited to those that do not affect standard of living, further analysis is not required.  The matters that affect standard of living should be freely bargained.  The Act prevents teachers from striking to protect their interests.  The legislation should be amended to remedy this infringement.

The Government has the ability to decree salary levels during the 2^nd and 3^rd years of a collective agreement.  The CFA notes the bipartite composition of the Institute established to help determine wage rates.  In event of an impasse, the matter should be referred to mediation or arbitration instead of terms being imposed by Government.

The right to strike is an essential means for employees to protect their social and economic interests.  The right to strike should only be restricted in essential services or civil service in relation to administration of State duties.  Appropriate compensatory mechanisms must be in place when the right to strike is restricted.  Establishing an Essential Services Council does not violate the principles of freedom of association assuming their remedial powers can only be engaged by strictly essential services (and not a broader range of sectors).    

CFA Recommendations

1.     The Government should amend the legislation to permit parties to decide freely the level (national, regional, local) at which they will negotiate conditions of work.

2.     The CFA reminds the Government that education sector workers should be permitted to strike.  In terms of wage levels during the 2^nd and 3^rd years of a collective agreement, the Government should establish a mediation/arbitration process to settle disputes instead of imposing terms.

3.     The Essential Services Council should only use its powers during a strike involving truly essential services (in the strict sense of the term).  The Government should allow for independent arbitration to settle disputes involving essential services.