20 Questions
When must a notice of negotiation be initiated?
At any time for the 1st CBA, and 90 days before an expiring CBA
How must a notice of negotiation be sent?
Fax, messenger, registered mail, certified mail, or by a bailiff
What is the minimum notice period required before the meeting?
8 days
When is a notice deemed to have been received if no notice was given?
90 days after union certification, or when the CBA expires
What happens if a premature notice is given?
It is valid if the parties conform to them and begin negotiations
How does the date a notice is received affect the right to strike/lockout?
If the notice to negotiate is received within the deadline, right to strike/lockout is acquired 90 days after receipt of the negotiation notice
Can a CBA require or allow premature notices?
Yes
What are the acceptable methods for sending a notice of negotiation?
Fax, messenger, registered mail, certified mail, or by a bailiff
When is the right to strike/lockout acquired if the notice to negotiate is received within the deadline?
90 days after receipt of the negotiation notice
What is the minimum notice period required before the meeting?
8 days
What is the consequence of an employer's failure to recognize the union or negotiate?
Fines of $100 - $1,000 per day of offense
What is considered a fault in negotiations according to the Quebec Labour Code?
Deliberate delays
When is the right to strike/lockout acquired as per the Quebec Labour Code?
180 days after certification of the association or expiration of current agreement
What is the obligation of parties during negotiations according to the Quebec Labour Code?
To negotiate with diligence and good faith
What is a potential step if negotiations fail according to the Quebec Labour Code?
Referral to arbitration
What is a prohibited action for employers during negotiations as per the Quebec Labour Code?
Unilaterally changing employees' working conditions
What is the consequence of bad faith negotiating according to the Quebec Labour Code?
Hindering union activities and leading to sanctions
What is a necessary pre-requisite to the imposition of arbitration in negotiating first collective agreements?
Mediation
When does the obligation to negotiate end as per the Quebec Labour Code?
With the conclusion of a collective bargaining agreement (CBA)
In what circumstances does the Quebec Labour Code allow for suspension of negotiations and deadlines?
Petition to revoke certification or the sale of a business
Study Notes
Quebec Labour Code: Collective Bargaining and Dispute Resolution
- Right to strike/lockout is acquired 180 days after certification of the association or expiration of current agreement if notice to negotiate is not received within the deadline
- Obligation to negotiate requires parties to negotiate with diligence and good faith, but not necessarily to reach an agreement
- Faults in negotiations include refusal to negotiate, deliberate delays, and bad faith negotiations, which can hinder union activities and lead to sanctions
- Bad faith negotiating includes attempting to bypass the union, refusing to consider demands, and imposing sanctions on members or representatives
- The obligation to negotiate ends with the conclusion of a collective bargaining agreement (CBA) but not with conciliation, strike, or lockout
- Referral to arbitration is a potential step if negotiations fail
- Penalties for an employer's failure to recognize the union or negotiate can result in fines of $100 - $1,000 per day of offense
- Civil sanctions can include orders for the employer to cease communicating directly with employees and to negotiate with the union
- Employers have recently been taking a more aggressive approach by submitting their proposals first in negotiations
- Mediation is a necessary pre-requisite to the imposition of arbitration in negotiating first collective agreements
- The Quebec Labour Code allows for suspension of negotiations and deadlines in specific circumstances, such as a petition to revoke certification or the sale of a business
- The Code prohibits employers from unilaterally changing employees' working conditions or collective bargaining agreements in certain situations, with specific freeze periods and conditions.
Test your knowledge of the Quebec Labour Code's regulations on collective bargaining and dispute resolution with this quiz. Explore topics such as the right to strike, obligation to negotiate, penalties for non-compliance, and recent trends in employer negotiation tactics. See how well you understand the Code's provisions for resolving labor disputes and protecting the rights of workers and unions.
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