The Administrative Labor Tribunal (TAT) orders the drivers of the Société de transport de Laval (STL) to ensure the delivery of the service, by ceasing “to refuse in a concerted manner” to work overtime.
Posted at 3:16 p.m.
In her decision handed down on Monday, the administrative judge Irène Zaïkoff indeed concludes “that there is indeed a concerted action of the members of the union by the refusal to work overtime and to choose the school assignments”. “The evidence shows that the union knew that its members were exercising illegal pressure tactics,” also castigates the magistrate.
She estimates that between April 11 and 13, around 9,000 users saw their bus journeys canceled or impossible due to the absence of more than thirty drivers on a daily basis, even though they are not officially on strike. In recent days, the employer had accused the union of “illegal” pressure tactics.
“The systematic and massive refusal to work overtime, contrary to normal practice, cannot be the result of chance. Nor is it justified by a higher rate of absenteeism than in recent months or by a shortage of manpower, ”wrote Judge Zaïkoff.
It affirms in passing that “the remarks heard from certain drivers and the complaints of employees who claim to be victims of intimidation or harassment for having offered availability leave no room for doubt about the concerted nature of the action”.
The union continues to deny
This verdict, however, contrasts with the words of the president of the Drivers’ Union (CUPE-3535), Patrick Lafleur, who has repeatedly argued in recent days that no consultation is involved. Monday, in an interview with The Pressthe president has also maintained his version of the facts, promising however to respect the requests of the Court.
“We are going to respect what the ordinance requires, and therefore invite our members to work in the usual way in any case, so that the service is provided to citizens. That said, we still continue to deny that it was not a concerted means in terms of overtime, ”he slips on the line, saying he is “studying” the decision.
Joined by The Press, the general manager of the STL Guy Picard, he applauds the decision of the courts. “We are extremely satisfied. It is calculated that approximately 15,000 people, in the last week alone, have missed their bus because of all this. It’s not nothing. And without the decision, it would have continued this week. We are happy to be able to return to a more normal situation in terms of the offer of services, ”he says, saying he is relieved.
He says, like the judge, that “several employees told us they wanted to work overtime, but that they were receiving threats”. “It is mainly this intimidation that must stop. Workers can always refuse to work overtime, but not in a concerted way, ”he insists.
Patrick Lafleur, he denies having orchestrated any form of threats against employees. “At no time, at the union, do we accept that there is intimidation or harassment at work. It’s still unacceptable to us,” he said.
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- April 28
- A negotiation meeting is scheduled for April 28 between the two parties, who both hope to be able to “resolve the impasse”. The dispute in this conflict has dragged on for several months. It is above all the question of salary increases that divides the parties. Faced with the inflationary surge, drivers are afraid of “getting poorer”, while the STL says it is limited in its means due to a drop in income during the pandemic.