20 Questions
What is the main purpose of a certified association in the context of collective bargaining?
To be the sole representative of the employees in bargaining with the employer
What percentage of employees in a bargaining unit must be members of the union?
At least 51%
What is the function of a union in the context of collective bargaining?
To negotiate a collective agreement for the bargaining unit
What does a bargaining unit consist of?
A group of employees with similar interests regarding their work conditions
What must a union do in relation to representing employees in the bargaining unit?
Represent all employees in the bargaining unit, regardless of their union membership
What is a collective agreement in the context of collective bargaining?
The contract containing all the working conditions between the employer and each employee in the bargaining unit
What is the role of a conciliator in the conciliation process?
To facilitate voluntary and confidential discussions between parties
What is the purpose of an injunction order in response to strikes, lockouts, and work slowdowns in the private sector?
Cease any violation of the Quebec Labour Code
Under what circumstances can the alternative dispute resolution tribunal (alt) revise or revoke a decision made under the Quebec Labour Code?
A newly discovered fact, if known in time, could have warranted a different decision
What is the purpose of a reparation order under the Quebec Labour Code?
To enforce the rights of the parties under the codes
What is the requirement for maintaining minimum services in the public and para-public sectors?
Minimum services must be maintained
What can the alternative dispute resolution tribunal (alt) order in response to a violation of the Quebec Labour Code?
Payment of damages for violation of the Quebec Labour Code
What does the alt consider when no agreement is reached on minimum services in the public and para-public sectors?
The alt can convene a hearing and make the recommendations it considers appropriate
Under what circumstances can the alt revise or revoke a decision made under the Quebec Labour Code?
A substantive or procedural defect justifies invalidating the decision
Who has the exclusive authority to appoint conciliators, mediators, or arbitrators in disputes in Quebec?
Minister of Labour
Which entity has exclusive jurisdiction to apply the Quebec Labour Code in matters concerning labor disputes, strikes, lockouts, and negotiations of collective bargaining agreements?
Administrative Labour Tribunal
Who determines who is and isn’t part of the bargaining unit in Quebec?
Administrative Labour Tribunal
What is the key determinant in exclusions from the bargaining unit according to the text?
Frequency of an employee's exercise of management functions
Who is excluded from the bargaining unit in Quebec?
Managers
What power does the Administrative Labour Tribunal have in disputes?
Encourage conciliation and settlements
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.
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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