Newsletters

83

Tough Collective Agreement Negotiations: Are Employees Really “Without a Contract”?

“The Port of Montreal’s longshoremen have been without a contract since December 2018.”

Throughout successive labour disputes, including the current one between the Maritime Employers Association and the longshoremen of the Port of Montreal, you have probably already read or heard in the news a statement that unionized employees have been “without a contract” since the expiry of their collective agreement. But what does this wording really mean? What is the legal regime in such a situation?

The law (s 59 of the Labour Code and, to some extent, s 50 of the Canada Labour Code) provides that, as of the expiry of a collective agreement, until the right to strike or to lock out is exercised, the employer cannot change the working conditions of the employees. Working conditions are frozen.

The law also provides that the employer and employees may provide in their collective agreement that its conditions will apply until a new agreement is signed. It is indeed a clause that is sometimes included in the text of collective agreements.

It should also be noted that while this is by no means a legal obligation, it is common for the employer and employees, when entering into a collective agreement, to agree on a salary increase retroactive to the expiry date of the previous agreement.

Finally, if the employer cannot change working conditions before the right to strike or lock out is exercised, this does not mean that any change in working conditions is a retaliatory measure and is prohibited. The employer is always allowed to carry on with the operations: “business as usual” remains the norm. The employer can therefore make decisions related to the working conditions of employees that correspond to the normal course of its activities and which are not inconsistent with its usual practices.

So next time you hear the expression “without a contract”, you will understand that employees do have an expired collective agreement but that the law protects their existing working conditions and their bargaining of power.

83

Articles in the same category

Even Judicial Discretion Has its Limits

On January 25, 2024, in the Liquidation de Groupe Dessau inc., the Superior Court of Québec rejected a settlement approval request in the context of the voluntary liquidation of several entities of the Dessau-Verreault-LVM Group (“Dessau“). This judgment addresses the limits of the discretionary powers of the court in voluntary liquidation matters. Overview of the […]

The Pool Floats, the Claim Sinks

In the recent decision Piscines Élégance – Québec inc. v. Comtois, 2023 QCCS 4574, the Superior Court reiterates the rules governing a contractor’s obligation to inform his customer in the context of a fixed-price consumer contract for which hefty extras were billed. Piscines Élégance – Québec Inc. (“Piscines“) is claiming from defendant Comtois (“Comtois“) the […]

Apostille: A Simplified Process for International Legalisation of Documents

On January 11, 2024, a new procedure came into effect for the legalisation of documents issued throughout Canada (including Québec) and which are destined to be produced before foreign authorities, whether they be supporting documents for administrative purposes such as the issuing of permits or full-fledged pieces of evidence used as exhibits in international Court […]

The Defect Was Well Hidden, but Is That Enough?

In Cvesper v. Melatti, the Court of Appeal reminds us of the importance of a timely notice to the vendor in cases of latent defects as tardiness or omission to do so may fatally impact the purchaser’s recourse The Facts Essentially, in May 1980, Appellant, Mrs. Cvesper, purchased a property consisting of a multi-unit building […]

Theft Is Not Negligence

In a recent decision, the Quebec Court of Appeal upheld the ruling of the Honourable Chantal Corriveau of the Superior Court that a party cannot benefit from the presumptions of liability in the Civil Code of Quebec when there is no contractual relation between the parties. In such cases, the rules of extra-contractual liability apply, […]

Company Found Guilty of Criminal Negligence Causes Death to Its Truck Driver

Last August 11, the Quebec Court of Appeal dismissed the appeal and upheld the trial judge’s decision finding CGF Construction Inc. (the “employer”) guilty of criminal negligence causing death1. The victim in question, a truck driver with over 25 years’ experience, died after losing control of the employer’s heavy container truck, which flipped over on […]