The major unions in the health sector claim victory following a decision by the Administrative Labor Tribunal (TAT) which confirms that the Ministry of Health and Social Services “negotiated in bad faith” when it offered bonuses to network employees without consulting union representatives during the pandemic.
In her judgment delivered on Tuesday, TAT judge Myriam Bédard noted that the Employers’ Negotiating Committee for the Health and Social Services Sector (CPNSSS), “the Government of Quebec – Professional Relations Department – Treasury Board and the Minister of Health and Social Services contravened sections 12 and 53 of the Labor Code by obstructing the union activities of the plaintiff associations and by failing to negotiate in good faith”.
The FSSS-CSN, FSQ-CSQ, FIQ, SQEES-FTQ and CUPE seized the Court in November 2021 to denounce the use of ministerial orders and the state of health emergency to offer bonuses to employees of the health network by disregarding the provisions of collective agreements.
In the previous weeks, the government had announced a plan of one billion dollars aimed at recruiting, in particular, nurses. This plan provided bonuses ranging from $12,000 to $18,000 for nurses working full time.
However, the unions allege that they were never consulted before the announcement of these measures and deplore that decisions were taken even if agreements in principle had been concluded a few weeks earlier for the renewal of the collective agreements.
“Obstruction of trade union activity”
Judge Bédard finally agreed with them. “This government announcement, confirmed in a ministerial decree adopted under the guise of the health emergency, is hampering trade union activity. Even if the absence of intent to harm could be demonstrated, which is not the case, it would be necessary to conclude that there was serious recklessness, the consequences of which the government, a seasoned interlocutor, could not ignore,” she wrote in her decision. .
In light of these findings, the TAT therefore orders the Minister of Health, Christian Dubé, to stop obstructing union activities and to stop negotiating in bad faith.
In a written statement sent to The Canadian Press on Wednesday, Minister Dubé’s office wishes to recall the “exceptional context” in which these measures were taken.
“In the midst of the Omicron wave, the government was scrambling to find solutions on the ground and improve the situation of healthcare workers by offering them bonuses. We had to have as many employees as possible on the ground, ”explains the minister’s office.
The union leaders instead asked the government to “recognize that its attitude was unacceptable and [de] change its way of working, particularly in view of the next national negotiation”.
The health unions are also already planning to challenge in the same way the measures announced unilaterally for the summer, the conditions of which were “far too restrictive” according to them.
“The government’s strategy was disrespectful towards healthcare professionals. Not only does this anti-union attitude contravene the law, but it has also proved totally ineffective and has not made it possible to stem the labor shortage. The pressure is still just as strong on the healthcare professionals in the public network,” said the leaders of the union organizations in a joint press release on Wednesday.
“It proves that while significant investment is needed to attract and retain the workforce, measures must be agreed with union representatives so that they truly meet the needs of workers in the field and those of patients. . »