Preferring to first discuss with the government, the Capital Transport Network (RTC) will not appeal the decision of the Administrative Labor Tribunal (TAT), which ruled in early June that public transport is not a essential service.
“Considering the openness of the Prime Minister and the Minister of Labour, who do not rule out making changes so that public transit is recognized as an essential service […] the RTC will not seek judicial review,” the organization’s spokeswoman, Raphaëlle Savard, confirmed on Monday.
She argues that this decision was also made because “the TAT’s judgment applies only to the renewal of the drivers’ collective agreement and that the two parties adopted the agreement in principle last week”.
Remember that the drivers’ strike, which ended on July 5, was marked by a lively debate on essential services, insofar as public transport is not recognized as such, employees are not required to provide service in labor disputes.
Changes made by the Legault government in 2019 mean that it is now the Administrative Labor Tribunal (TAT) which has the last word and must decide whether public transport is an essential service.
The administrative judge Pierre-Étienne Morand had however ruled on June 9 that they were not. “The public transport service provided by RTC drivers does not constitute an ‘essential service’, in the sense that it is not a service whose interruption during the strike ‘may have the effect to endanger public health or safety,” he wrote in his decision.
In the process, the RTC then said it “disagrees with this decision”, judging rather that it is “clear that public transport is an essential service for the proper functioning of society”. However, since the end of the strike, it was still unclear whether the Transport Network would appeal.
However, the organization now claims to want to direct its energies in the coming months “to find lasting solutions to protect our customers from a complete breakdown in service”. “With the other public transport companies, we will continue our representations with the Government of Quebec in order to be subject to essential services”, supports Raphaëlle Savard.
The mayor of Quebec, Bruno Marchand, had also warned that in the current situation, “Montreal, Laval, Longueuil or Rimouski will find themselves in the same situation”. “We cannot have zero public transport. For three days, it’s complicated. Imagine if it lasts,” he said.
In interview with The Press, the Minister of Labour, Jean Boulet, then admitted in turn that other cities, such as Montreal, would not be safe from a strike that completely paralyzes its public transport, especially since the employer could then convince the TAT that public transport is an essential service. “It is sure that in Montreal, if ever we came to this circumstance, then we would study the judgment rendered by the TAT on June 9 for Quebec and we would put down our evidence accordingly,” he said.
With Gabriel Beland, The Press