Background

The Quebec legislature adopted the Act Respecting The Conditions Of Employment In The Public Sector And The Municipal Sector, which postponed the expiration of current collective agreements and froze wages for a 2- year period.  A required 1% reduction in expenditures could be imposed by unpaid leave or equivalent measures.  Municipal bodies may exclude themselves from the Act by resolution.

Complainants' Allegation

The Act is blatant violation of the principles of freedom of association:

…       The Act denies the right to collectively bargain regarding remuneration

…       the Act imposes a 1% decrease in expenditures by granting leave without pay.  This provision is a unilateral amendment to collective agreements previously negotiated.

…       The Act denies the right to form and join trade unions, since further extending the life of current collective agreements eliminates open periods where different bargaining agents could be certified.

…       The Act prohibits strike action but does not compensate the loss of this important right with an impartial arbitration system

…       The Act interferes in bargaining at the level of municipal government and leaves the decision whether or not to bargain to the municipality, thereby shifting the balance of power between municipal employers and workers.  

…       The Act will cause a drop in unionization because workers will question the utility of joining an organization that is frequently and consistently overruled by unilateral legislative action

Government's Reply

The Act is justified by economic conditions and the need to protect the public interest. It is an economic stabilization measure enacted for a reasonable time and protects workers' standard of living.  Therefore, it meets the criteria set out by the ILO for acceptable limitations on collective bargaining in an economic crisis.

The Act does not deprive workers of the right to strike or bargain - it merely delays the exercise of these rights for a specific and limited period.  The Act allows municipalities to address the disparities between the municipal and private sectors. 

CFA Conclusions

The Act does not meet the criteria established for economic stabilization measures.  In context, it would be difficult to characterize the Act as an exceptional measure. 

The extension of public service collective agreements, combined with the labour law in Quebec regarding "raiding", prevents new unions from being certified. Unilaterally extending collective agreements interferes with free collective bargaining.

The Government has not implemented a previous recommendation regarding a mechanism such as conciliation, mediation/arbitration to conclude interest disputes.

The Act does not contain appropriate safeguards for workers' living standards.

CFA Recommendations

1.     The Government establish a mechanism of conciliation/mediation/arbitration to avoid legislative imposition of employment conditions/terms and resolve issues relating to economic stabilization measures.

2.     The Government make use of the International Labour Office

3.     The Government take the necessary steps to protect the living standards of workers most affected by the legislation.

4.     The Government should keep the CFA informed of any future agreements reached relating to the implementation of the 1% expenditure decrease.