This text is part of the special section The 50 years of the CSD
What do people who work in family-type resources and owner truckers have in common? They are both atypical workers, and their demands for better working conditions have been supported for many years by the Central of Democratic Trade Unions (CSD).
Family-type resources, better known by the term “foster families”, are people who welcome into their homes vulnerable people entrusted to them by the State. These people can be children, especially those placed by the DYP, or adults, for example people with a certain intellectual disability.
“They are truly atypical workers, underlines Serge Tremblay, treasurer of the CSD from 1991 to 2019, since they are responsible for the people entrusted to them 24 hours a day, seven days a week. » Family-type resources are bound by contract to the State, which obliges them to provide not only the services required by their particular clientele, but also to offer a family living environment.
A long struggle for resources
It was in 2003 that the Association of Adult Residential Resources of Quebec (RESSAQ), now the Democratic Association of Adult Resources of Quebec (ADRAQ), decided to affiliate with the CSD, in order to demand better working conditions. A few years later, it was the turn of the Democratic Association of Childhood Resources of Quebec (ADREQ) to join the CSD.
“The remuneration of these workers was linked to the rates granted for each person for whom they were responsible,” explains Serge Tremblay. And it was the State that determined the rates according to the clinical evaluation of the people entrusted. Family-type resources therefore had no possibility of negotiating their working conditions. »
Such a claim angered the Charest government of the time, which passed Bill 7 in 2003, which deprived these workers of the status of employee as defined in the Labor Code. A legal challenge ensued, which ended in 2008 with the Grenier judgment, which invalidated this bill for constitutional reasons. The Charest government refused to appeal the case and responded by adopting Bill 24, which recognized the right of these workers to bargain collectively. “But this right is incomplete, continues Mr. Tremblay, since the balance of power between the two parties is still not fair. »
Law 24 was therefore challenged, and it was in April of this year that the Hardy judgment ruled in favor of the union party. The Charest government was to indicate whether it was going to appeal the judgment. “I hope not, advanced Serge Tremblay at the time, because that would be to claim that the judge has no judgment. »
Youth protection
New files are on Serge Tremblay’s desk today, including that of Bill 15, which amends the Youth Protection Act. The CSD approves of this new law, but calls for more consultation with foster families on the decisions taken concerning the children in their care.
“The other issue that concerns me is the fate reserved for children placed in foster care when they reach the age of 18,” explains Serge Tremblay. At 18, these children are considered independent and autonomous, and therefore no longer receive state support. It’s insane. What 18-year-old who even comes from a normal family today absolutely wants to fly on his own? Even less a youngster from a family so dysfunctional that he had to be placed in foster care. A mechanism must be put in place that would allow these young people to continue to obtain the support of their foster family until they are fully capable of assuming their autonomy. »
The problem of owner truckers
Truckers who own their tractor truck are also atypical workers by the very nature of their work. They are also seated between two chairs. On the one hand, they are entrepreneurs since they own their working tools. “On the other hand, emphasizes Serge Tremblay, they are entirely at the mercy of the clients. How then can we demand better working conditions?
The CSD has sought over the years to support the demands of owner truckers without obtaining results. “The problem is that the only means of claiming they have is to refuse to work, which is impossible given the financial investment for the purchase of the truck. »
A no-win situation? “If the truckers want to make demands again, they can count on the support of the CSD,” says Serge Tremblay.