The Union of Radio-Canada Workers (STTRC) has not failed in its “duty of fair representation” towards Pascale Nadeau, concludes the Canada Industrial Relations Board (CIRB) in a decision rendered last Wednesday and that The Press was able to consult.
The former head of the antenna Newscast accused the union affiliated with the FNCC-CSN of having acted “arbitrarily” and “bad faith” in the wake of its tumultuous departure from the public network in the summer of 2021. The Council rejects these accusations.
In her complaint, the former journalist pleaded that her union adviser, Mr.e Julien Boucher-Carrier, had given bad advice and that he had taken too long to file a grievance for constructive dismissal and damage to reputation. This grievance was registered beyond the limitation period provided for in the collective agreement. Mme Nadeau hoped that his case against his employer, thanks to a favorable decision from the CIRB, could be heard in arbitration despite his late filing. It will now take other arguments to convince the referee.
From the outset, the Council rejected the complaint of the former headliner of Radio-Canada against the STTRC “on the grounds that it was filed outside the prescribed 90-day period”. The quasi-judicial tribunal nevertheless wished to rule on the merits.
At the heart of the dispute: a “constructive dismissal” grievance that Ms.me Nadeau wished to file against Radio-Canada a request made to his union on March 16, 2021, July 7 and 8, 2021 and August 24, 2021. It was not until August 25, 2021 that the STTRC amended an existing grievance to include the question of “constructive dismissal”.
An arbitration tribunal concluded that this ground should have been the subject of a separate complaint. A second grievance was therefore filed on February 16, 2022, but the 30-day limitation period set out in the collective agreement had expired.
According to Mme Nadeau, the union notably erred “by refusing to carry out a serious investigation and checks concerning the applicable case law in order to determine whether she was the victim of a constructive dismissal”. The STTRC admitted having made an error in the summer of 2021, while arguing that it did not justify a complaint to the CIRB.
In the Board’s view, “the union demonstrated that it understood the grievor’s situation, obtained the details of the case, expressed its interpretation of the legal concept of constructive dismissal, repeatedly analyzed whether the grievance was well founded in light of this interpretation and was open to adjusting its decision if the complainant provided new facts”.
“This demonstrates that the union has drawn thoughtful conclusions,” writes the author of the decision, Sylvie MD Guilbert, lawyer and vice-president of the CIRB.
Defamation complaint
Go back. On February 17, 2021, Pascale Nadeau was suspended without pay for one month following an internal investigation triggered by an anonymous report for “inappropriate behavior”. This “disciplinary sanction” led to the filing of a first grievance on February 25.
On August 5, 2021, Radio-Canada announced the “retirement” of its anchor, who had been on sick leave for several months. Pascale Nadeau claimed to have been pushed out, which led to the filing of a second grievance for “constructive dismissal”.
Mme Nadeau also asked his union, on August 24, 2021, to file a complaint against his employer for defamation and damage to reputation in connection with public statements and tweets which mentioned that the ex-head of the antenna had done ” multiple victims.
Initially, lawyer Julien Boucher-Carrier erroneously argued that only the Superior Court had jurisdiction to decide reputation and defamation cases. After M.me Nadeau sought the advice of a “personal lawyer”, these questions were finally added to the grievance for “constructive dismissal” of February 16, 2022, beyond the limitation period.
In its decision, the Board recalls that “the union has the right to make errors that are otherwise devoid of bad faith or arbitrary conduct”.
“In this case, the Council is of the opinion that the union did not carry out a sloppy or superficial investigation into the question of damage to reputation or defamation,” the decision reads. On the contrary, according to the Board, the union made an adequate analysis in the circumstances of this case. »
Hearings on the merits of the first grievance, which relates to the suspension, are still ongoing. The second grievance must also be evaluated by an arbitrator.
Joined by The Press, Pascale Nadeau’s lawyer in this case, Sophie Cloutier of Poudrier Bradet, said she was “disappointed and very surprised” by the CIRB’s decision. “But for us, it doesn’t stop there,” she explains over the phone. Mme Nadeau is very anxious for the grievances to be heard by the arbitrator on the merits. »
Isn’t the fact that his client will now have to work alongside the union – with which she was in confrontation – in these cases… strange? “C’est la vie,” she says.
Summary of the saga
- February 2021: Pascale Nadeau is suspended after an anonymous denunciation for “inappropriate behavior”. A first grievance was filed by the Radio-Canada Workers’ Union (STTRC).
- Summer 2021: Radio-Canada announces the retirement of Mr.me Nadeau after a long sick leave. The former antenna manager sees it as a “constructive dismissal”.
- February 2022: The union filed a second grievance for constructive dismissal, damage to reputation and defamation after the limitation period.
- April 2022: Mme Nadeau files a complaint against his union, which would have failed in its duty of “fair representation”.
- June 2023: The court concludes that the STTRC did not breach its obligations.