Quebec is challenging before the Superior Court the decision of the Administrative Labor Tribunal which had agreed with the unions in the health sector concerning premiums linked to COVID, the parameters of which had not been negotiated.
Last August, the Administrative Labor Tribunal ruled that Quebec had violated the Labor Code, by obstructing union activities and negotiating in bad faith with these unions in the health sector.
Administrative judge Myriam Bédard had ruled so because Quebec had determined alone the amount and the conditions surrounding certain bonuses to be paid to nursing staff, in the context of COVID-19, without negotiating them with the unions concerned.
The administrative tribunal had in the same breath ordered Quebec to negotiate in good faith and to stop obstructing union activities.
Quebec is now addressing the Superior Court in order to have the conclusions of the decision of the Administrative Labor Tribunal set aside.
In its motion, Quebec maintains that it had the right to do so given the declaration of a health emergency.
He states that the Public Health Act, in this context, allows the government to order any measure deemed necessary to protect the health of the population, “despite any provision to the contrary”, and this, “without delay and without formality”.
Quebec maintains that section 123 of the Public Health Act takes precedence over the Labor Code and the sections invoked by the unions.
“Thus, during a declaration of a state of health emergency, in accordance with Articles 123 and 124 of the LSP (Public Health Law), any decree adopted by the government, any order adopted by the Minister, including the Order 071, take precedence over the provisions of any other law, including those of the CT” (Labour Code), writes Quebec in its request.
“The decree empowers the Minister of Health and Social Services to take all necessary measures to protect the health of the population, including those required to ensure that the health and social services network has the human resources necessary to provide the required care and protect the population, in the context of the health emergency, ”wrote Quebec in its request.
The case was led by the Fédération interprofessionnelle de la santé (FIQ), which represents the vast majority of nurses, but also by the Canadian Union of Public Employees (CUPE — affiliated with the FTQ), the Fédération de la santé et des social services (affiliated with the CSN), the Fédération de la santé du Québec (affiliated with the CSQ) and the Alliance of Professional and Technical Personnel in Health and Social Services (APTS).