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Jean Denis Boucher, CRIA

Telephone : (514) 393-4047

Fax : (514) 878-1865

Email : jdboucher@rsslex.com

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Mr. Jean Denis Boucher is a partner and Head of our Labour and Employment Law Group. His practice focuses on labour and employment law generally (certification, negotiation and application of collective agreements), labour relations, occupational health and safety, and human rights.

He assists businesses of all types in Canada, providing advice on labour, employment and human rights matters governed by provincial law.

Mr. Jean Denis Boucher also has substantial experience with individual employment relations, on matters such as drafting and applying non-competition and confidentiality clauses, and appearing in court for clients seeking to enforce them.

Representative Matters

Public transportation — For two years, Mr. Jean Denis Boucher was a member of the legal department of the CTCUM (the predecessor of Montréal’s current public transit commission), as labour relations counsel. This allowed him to argue most of the grievances filed during that time, involving bus drivers, maintenance workers and all other unionized employees. He drafted the legal opinions to be approved by the Board prior to terminations. He took part in the negotiation of collective agreements for the bus drivers and represented the employer in the negotiations with the metro security agents, the unionized managers and office employees. After leaving the legal department of the CTCUM for private practice, he continued representing that employer in grievance arbitrations for a year.

Negotiation of collective agreements — In addition to the above agreements in the public transportation sector, Mr. Jean Denis Boucher acted as employer’s spokesperson in negotiations with employers such as retail chains Zellers and Wise.

Recently negotiated and closed agreements include:

  • Franklin Empire, specialized in the distribution of electric equipment for industrial and commercial clients; agreements for the Montréal, Chicoutimi and Québec sites;
  • Morbern, an upholstery fabric manufacturer operating a plant in Lachine;
  • Pacific Steel, a steel distributor with two sites in Laval;
  • A.T.B. Industries, a plastic moulding company operating a plant in Pointe-Claire;
  • Les Entreprises Réal Caron, a trucking business with a site in Montréal’s Rivière-des-Prairies district, à Montréal.

A J Walter Aviation Limited — Representing A J Walter Aviation Limited (“AJW”), the world’s leading independent provider of integrated aviation services in the acquisition of the assets of the former component repair business of Aveos Fleet Performance Inc. The deal involved: (i) negotiation of a collective agreement term sheet on behalf of AJW with the Aveos union in record time, a pre-requisite to AJW acquiring the Aveos assets; (ii) preparing AJW’s bid to purchase the assets of the CMC Division of Aveos from the court-appointed Chief Restructuring Officer and Monitor; (iii) negotiating a new lease for downsized premises with the former Aveos landlord; and (iv) assisting  AJW in securing acquisition and operating financing.

Teamsters Québec local 106 c. Linde Canada Ltée (October 24, 2014) — Representing an employer carrying on business in the transportation of dangerous gases. Union grievance against the employer’ decision to implement a video surveillance system in its trucks. Grievance dismissed: the cameras were a reasonable encroachment on the drivers’ privacy.

Representing pharmacies in an application for certification of a group of employees working at the post office counters of several franchised pharmacies in a given geographic area.

Proceedings by employees against a union for failing to file grievances against a layoff ordered by our client.

Successfully defending an employer against a complaint filed by a job applicant who was not hired.

Defending an employer against a claim for psychological harassment. Claim dismissed: the employer’s only action within the 90-day time limit to file a complaint was the termination of the complainant, that was not by itself considered as harassment.

Representation a distributor of oxygen tanks, in occupational health and safety proceedings following an accident that killed an employee of an unrelated employer.

Defending an employer against a claim for unfair dismissal filed by an employee who claimed to have the right to be absent from work for family reasons. Claim dismissed, since the absences were not considered motivated.

Associations

Canadian Bar Association

Ordre des conseillers en ressources humaines et relations industrielles agréés du Québec (Quebec order of chartered human resources and industrial relations advisors), member since 2003

Canadian Association of Counsel to Employers

Publications and Conferences

Conferences at McGill University, and before the Association des détaillants en alimentation du Québec (Quebec food retailers association) and Institut québécois de la productivité (Quebec productivity institute)

Community Involvement

Les Trois-Saisons elementary school: Chairman of the board

Languages

English, French

Education

Bachelor of civil law, University of Montréal, 1973

Bachelor of arts, Collège L’Assomption, 1970

Call to Bar

Quebec, 1975