60 Questions
What is a bargaining unit?
A group of employees with similar work conditions
What is a certified association?
A legal entity representing employees authorized by the Minister of Labour
What must a union do according to the text?
Represent all employees in the bargaining unit
What is a collective agreement?
A contract containing all working conditions between the employer and each employee in the bargaining unit
What is the requirement for union membership in the bargaining unit?
At least 51% of employees in the unit must be members of the union
What is the primary role of the conciliator in the case adjudication process?
To facilitate voluntary and confidential conciliation
Under what circumstances can the alternative revise or revoke a decision made under the Quebec Labour Code?
A newly discovered fact that could have warranted a different decision
What is included in the reparation order under the Quebec Labour Code?
Reinstatement of employees disciplined for exercising their rights
What is the responsibility of the union if no agreement is reached on minimum services in the public and para-public sectors?
To submit a proposal to the alternative
What is the main purpose of the injunction orders in response to strikes, lockouts, and work slowdowns in the private sector?
To issue an order to cease authorization or participation of a strike or slowdown
Who has exclusive authority to appoint conciliators, mediators, or arbitrators in disputes under the Quebec Labour Code?
The Minister of Labour
Which body has exclusive jurisdiction to apply the Quebec Labour Code in matters concerning labor disputes, strikes, lockouts, and negotiations of collective bargaining agreements?
The Administrative Labour Tribunal
Who determines who is and isn’t part of the bargaining unit, and disputes over exclusions must be proven based on the true nature of the employee’s functions and responsibilities?
The Administrative Labour Tribunal
Who has the power to investigate infractions under the Quebec Labour Code, such as interference with union activities and issues relating to the accreditation of unions?
The Administrative Labour Tribunal
What are key determinants in exclusions from the bargaining unit, according to the Quebec Labour Code?
The frequency of an employee's exercise of management functions, degree of discretion, and autonomy
What is the primary constitutional protection for the freedom of association in Canada?
S.2(d) of the Canadian Charter
What does the exclusivity granted to unions under the Wagner model impose an obligation to do?
Accept all employees as members
What right is considered meaningless without the right to bargain collectively?
Right to associate
What is the duty of the employer in the collective bargaining process?
Consider the representations of unions in good faith
What is the procedural right related to collective bargaining?
Constitutionally protected process of collective bargaining
What right does every employee have according to the Individual Right of Association (CQLR C-27)?
Right to belong to the association of their choosing
What is the primary collective right granted to employees?
Right to form a union
Which statement about labor union laws in Canada is accurate?
Employees cannot be forced to join a union as a condition of employment.
What is a prohibited practice under the Criminal Code in relation to labor union activities?
Dismissing an employee for engaging in union activities.
Under what circumstances can the Tribunal dissolve an association?
If the association uses intimidation or threats to induce or prevent union membership.
What can employees claim if they have been sanctioned for union activity?
Reinstatement and compensation for lost salary.
What are the remedies for violations of labor union laws in Canada?
Reinstatement, retroactive salary, and financial consequences ordered remedied.
What is the consequence of an employer using intimidation or threats to induce or prevent union membership?
The employer may face dissolution of the association.
What is the exception regarding employer actions in relation to union activities?
An employer correcting facts or propaganda issued by the union and exercising freedom of expression.
What does the Tribunal presume if specific criteria are met regarding a sanction imposed for exercising a legal right?
The sanction was imposed for exercising a legal right.
What is the primary purpose of the exclusivity granted to unions under the Wagner model?
To impose an obligation to accept all employees as members, unless it threatens the cohesion or existence of the union
What is the primary duty of the employer in the collective bargaining process?
To consider the representations (unions) in good faith, and engage in a process of meaningful consideration and discussion
What right is considered meaningless without the right to bargain collectively?
The right to associate
Under the Individual Right of Association (CQLR C-27), what right does every employee have?
The right to belong to the association of their choosing, and to participate in the formation, activities, and management of that association
What is the primary collective right granted to employees?
Right to form a union
What is the consequence of an employer using intimidation or threats to induce or prevent union membership?
It is a prohibited practice under the Criminal Code
What is the procedural right related to collective bargaining?
There is a procedural right to collectively bargain, and the process is constitutionally protected
Which statement about labor union laws in Canada is accurate?
Employees can be forced to pay union dues even if they are not members of the union.
What is the consequence of an employer using intimidation or threats to induce or prevent union membership?
The employer may face financial consequences ordered remedied.
Under what circumstances can the Tribunal dissolve an association?
If it is proven that the association participated in prohibited practices.
What is the primary collective right granted to employees?
The right to claim reinstatement and compensation for lost salary.
What does the Tribunal presume if specific criteria are met regarding a sanction imposed for exercising a legal right?
The sanction was imposed for exercising a legal right.
What is the duty of the employer in the collective bargaining process?
To bargain in good faith with the union.
What are key determinants in exclusions from the bargaining unit, according to the Quebec Labour Code?
The true nature of the employee’s functions and responsibilities.
What is a prohibited practice under the Criminal Code in relation to labor union activities?
Dismissing employees for union membership/activities.
What is the primary constitutional protection for the freedom of association in Canada?
Section 2(d) of the Canadian Charter
What is the duty of the employer in the collective bargaining process?
To negotiate in good faith
What is the primary collective right granted to employees?
Right to form a union
Under the Individual Right of Association (CQLR C-27), what right does every employee have?
Right to belong to the association of their choosing
What is the consequence of an employer using intimidation or threats to induce or prevent union membership?
The right to associate becomes meaningless without the right to bargain collectively
What is the primary purpose of the exclusivity granted to unions under the Wagner model?
To accept all employees as members
What is the primary duty of the employer in the collective bargaining process?
To negotiate in good faith
Which of the following is a prohibited practice under the Criminal Code in relation to labor union activities?
Dismissing someone for union activities
What is the consequence of an employer using intimidation or threats to induce or prevent union membership?
Potential dissolution of the association
Under the Individual Right of Association (CQLR C-27), what right does every employee have?
Right to exercise freedom of expression
What is the primary collective right granted to employees?
Right to bargain collectively
What is the requirement for union membership in the bargaining unit?
Mandatory for all employees in the unit
What does the Tribunal presume if specific criteria are met regarding a sanction imposed for exercising a legal right?
The sanction was imposed for exercising a legal right
What is included in the reparation order under the Quebec Labour Code?
Compensation for lost salary
Who has the power to investigate infractions under the Quebec Labour Code, such as interference with union activities and issues relating to the accreditation of unions?
Tribunal
Study Notes
Parties Involved in Collective Bargaining in Quebec
- Parties involved in collective bargaining include the Minister of Labour, dispute arbitrator, employer, Administrative Labour Tribunal, conciliator, union, grievance arbitrator, employees, and regular courts.
- The Minister of Labour has exclusive authority to appoint conciliators, mediators, or arbitrators in disputes and order investigations into the application of the Quebec Labour Code.
- The Administrative Labour Tribunal has exclusive jurisdiction to apply the Quebec Labour Code in matters concerning labor disputes, strikes, lockouts, and negotiations of collective bargaining agreements.
- Regular courts have authority for decisions under judicial review and disputes founded on general law.
- The definition of an employer and employee is crucial in determining who is included/excluded from a bargaining unit.
- The employer is anyone who benefits from the services of an employee, while the employee is a person who provides services for an employer in exchange for remuneration.
- The ALT determines who is and isn’t part of the bargaining unit, and disputes over exclusions must be proven based on the true nature of the employee’s functions and responsibilities.
- Certain individuals such as managers, foremen, superintendents, representatives of the employer, and public servants are excluded from the bargaining unit.
- The ALT has the power to investigate infractions under the Quebec Labour Code, such as interference with union activities and issues relating to the accreditation of unions.
- The ALT can make decisions in disputes, including summarily rejecting applications, safeguarding the rights of parties, and ratifying agreements.
- The ALT also exercises the power to encourage conciliation and settlements in disputes.
- The frequency of an employee's exercise of management functions, degree of discretion, and autonomy are key determinants in exclusions from the bargaining unit.
Labor Union Laws in Canada
- Employees cannot be forced to join a union as a condition of employment.
- Employees can be forced to pay union dues even if they are not members of the union.
- Construction workers must be members of a union for certification/qualification purposes.
- Prohibited practices under the Criminal Code include dismissing or refusing to employ someone for union membership/activities.
- Prohibited practices under CQLR C-27 include using intimidation or threats to induce or prevent union membership.
- Employers cannot refuse to hire, dismiss, or impose sanctions to prevent union activities.
- The Tribunal may dissolve an association if proven that they participated in prohibited practices.
- Exceptions include an employer correcting facts or propaganda issued by the union and exercising freedom of expression.
- Employees who have been sanctioned for union activity can claim reinstatement and compensation for lost salary.
- The Tribunal may presume the sanction was imposed for exercising a legal right if specific criteria are met.
- Individual civil recourse does not erase the employee’s right to file a grievance (arbitration).
- Remedies for violations include reinstatement, retroactive salary, and financial consequences ordered remedied.
Labor Union Laws in Canada
- Employees cannot be forced to join a union as a condition of employment.
- Employees can be forced to pay union dues even if they are not members of the union.
- Construction workers must be members of a union for certification/qualification purposes.
- Prohibited practices under the Criminal Code include dismissing or refusing to employ someone for union membership/activities.
- Prohibited practices under CQLR C-27 include using intimidation or threats to induce or prevent union membership.
- Employers cannot refuse to hire, dismiss, or impose sanctions to prevent union activities.
- The Tribunal may dissolve an association if proven that they participated in prohibited practices.
- Exceptions include an employer correcting facts or propaganda issued by the union and exercising freedom of expression.
- Employees who have been sanctioned for union activity can claim reinstatement and compensation for lost salary.
- The Tribunal may presume the sanction was imposed for exercising a legal right if specific criteria are met.
- Individual civil recourse does not erase the employee’s right to file a grievance (arbitration).
- Remedies for violations include reinstatement, retroactive salary, and financial consequences ordered remedied.
Labor Union Laws in Canada
- Employees cannot be forced to join a union as a condition of employment.
- Employees can be forced to pay union dues even if they are not members of the union.
- Construction workers must be members of a union for certification/qualification purposes.
- Prohibited practices under the Criminal Code include dismissing or refusing to employ someone for union membership/activities.
- Prohibited practices under CQLR C-27 include using intimidation or threats to induce or prevent union membership.
- Employers cannot refuse to hire, dismiss, or impose sanctions to prevent union activities.
- The Tribunal may dissolve an association if proven that they participated in prohibited practices.
- Exceptions include an employer correcting facts or propaganda issued by the union and exercising freedom of expression.
- Employees who have been sanctioned for union activity can claim reinstatement and compensation for lost salary.
- The Tribunal may presume the sanction was imposed for exercising a legal right if specific criteria are met.
- Individual civil recourse does not erase the employee’s right to file a grievance (arbitration).
- Remedies for violations include reinstatement, retroactive salary, and financial consequences ordered remedied.
Test your knowledge of the parties involved in collective bargaining in Quebec with this quiz. Explore the roles of the Minister of Labour, Administrative Labour Tribunal, conciliators, employers, unions, and more. Understand the criteria for inclusion/exclusion from bargaining units and the powers of the ALT in resolving disputes.
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