While François Legault asked teachers to “stop the strike”, the Autonomous Education Federation (FAE) was preparing a counter-offer. It was finalized at the end of the day on Friday, and it will be presented this Saturday.
We can, with caution, perhaps a little if possible, moderately begin to believe in a negotiated agreement concluded soon. Because there really isn’t any other option.
For a union, an indefinite general strike is more difficult to interrupt than to start. And for a government, it is difficult to put an end to it because of recent court decisions.
When you set foot in this gear, you have no choice but to go all the way.
The dynamic of the negotiations changed on November 23 when the FAE called an indefinite general strike. Behind the scenes, other unions are surprised at the speed with which the FAE resorted to this weapon. It hits hard, but offers little flexibility.
Even if Quebec seems to have changed its tone at the table on Tuesday, the union could not suspend its strike and then reactivate it in the event of a blockage. According to the law, he had to first end it, then request a new mandate from his members, then give seven days’ notice before walking out again.
The FAE very early on put itself in a position where it had to go all out. In his eyes, this was necessary to maximize pressure. Especially since Quebec can no longer adopt a special law as before to force a return to work.
Since the beginning of the 2000s, case law has evolved in favor of unions. Their right to negotiate has been strengthened.
In 2015, Philippe Couillard passed laws to interrupt strikes by construction employees and state lawyers. Both were invalidated by the courts.
We all hope for a negotiated settlement that would give teachers salaries and working conditions commensurate with the importance of their profession. I am obviously not advocating for a special law. Nor am I suggesting that it is being considered – everything points to the contrary.
My goal is to explain Quebec’s recourses in order to better understand the balance of power.
There is three.
The first: a special law to force a return to class and impose salary conditions. This requires invoking the notwithstanding provision in order to violate the charters of rights and freedoms. The political price to pay would be monumental. The Caquists risk never recovering from this.
The second, more straightforward: pass a special law knowing that the courts will invalidate it in the coming months, but hoping to find a negotiated solution by then. Again, that would be playing with dynamite.
The last would be to impose the return to class while continuing the negotiation. This is what the Couillard government did in 2015 with state lawyers. The court ruled the maneuver unconstitutional. The Liberal error was notably to have anticipated that if the discussions failed, Quebec would have the last word. The negotiation was thus biased. The CAQ government could propose that an arbitrator decide in the event of a blockage. Still, we don’t know what the courts would say about it.
In other words: the special law is no longer really scary. This is why the FAE has launched an indefinite general strike.
The CAQ government would like to reach an agreement with these approximately 65,000 teachers in order to unblock talks with the Common Front. Of course, he does not want to reward the use of an unlimited general strike. But clearly, this slight inconvenience pales in comparison to the relief of a deal after a miserable political autumn.
With its unlimited strike, the FAE also took a risk. Because nothing is decided yet. Its members will not be satisfied with a shaky compromise. Friday evening, their president Mélanie Hubert softened her tone, as if she was trying to prepare for the landing. The gains must be equal to the sacrifices. Otherwise, it will remain an impression of bad theater.
To speed up negotiations with the Common Front, multiple suggestions are circulating. The one to knock out Sonia LeBel is one of the worst.
PHOTO KAROLINE BOUCHER, CANADIAN PRESS ARCHIVES
The President of the Treasury Board, Sonia LeBel, at the Salon bleu, earlier this month
The President of the Treasury Board is renowned for being one of the most reasonable ministers. His ability to find consensus earned him the title of “parliamentarian of the year” in 2021, according to our survey conducted among the deputies themselves.
And in any case, his departure would make little difference to the atmosphere at the tables. The negotiation does not take place directly between the union leaders and her.
Here is the organization chart…
It is not simple, as various sources involved in the negotiations explained to me confidentially.
There are three main tables: the one with the Common Front (420,000 union members), the one with the FAE (65,000 teaching professionals) and the one with the FIQ (more than 80,000 nurses, practical nurses, respiratory therapists and clinical perfusionists ).
Added to this are 81 sectoral negotiations, where issues specific to certain positions are discussed. However, several of them have been grouped together.
Quebec has an interest in exaggerating this complexity to justify the current slowness. However, it is not simple.
Special feature this year: Quebec has created three “priority” tables for the “care team”, “the school team” and the “mental health team”. These subjects, usually included in sectoral tables, are treated separately to give them more importance.
Mme LeBel is responsible for overall strategy. However, she is not present at the table. The chief negotiator is Édith Lapointe, a senior civil servant who was also in office under the Liberals.
The minister gives direction and supervises consistency. If a table progresses more slowly, it checks why. When it comes to money, negotiators need to get the green light. But for several other provisions, they have latitude.
The meetings usually take place in the offices of the Treasury Board, most often in Quebec, sometimes in Montreal. When the employer puts forward a proposal, the union withdraws into the anteroom, validates its understanding and coordinates its response. The opposite is also true. The duration of the meetings therefore varies.
The general rule is: no news is good news. Because when parties negotiate intensely, they no longer have time to criticize each other.
Is this what is happening right now? The discretion of the FAE on Friday suggests that this is not impossible. But one thing is certain, the tension is high. Because since the strike became unlimited, emergency exits have also become unlimited for Quebec.
There is only one that would be unassailable: a negotiated agreement.