Hema-Quebec: Tribunal orders end to interference with union activities

A sign for the Administrative Labour Tribunal was photographed in an office building in Quebec City on Jan. 30, 2024. (The Canadian Press/Jacques Boissinot)

The Administrative Labour Tribunal has ordered Héma-Québec to cease obstructing the activities of one of its unions.

The tribunal examined three obstruction complaints against Héma-Québec, filed by the Syndicat du personnel infirmier, which is attached to the CSQ.

It upheld two complaints and partially a third one.

The union also claimed $5,000 in punitive damages.

But the tribunal did not go that far, ruling that "the seriousness of the misconduct committed does not justify the awarding of punitive damages,"

These obstruction complaints had been lodged as part of the negotiations to renew the collective agreement in 2022 and 2023.

It was in this context that the parties issued press releases, gave interviews to the media, and passed blame back and forth.

The first complaint concerned an employer newsletter regarding the creation of positions within a floating team — an issue already addressed in a provision of the collective agreement.

The tribunal found that, even though the employer did not follow through on its intention to create these positions within the floating team, there was an attempt to interfere.

"The employer is therefore imposing on the union, under the pretext of addressing a past practice, what it could not negotiate with it. It is hard not to see in this sequence of events an attempt by the employer to circumvent the union's role as a bargaining agent," it concluded.

The second complaint was related to a press release issued by the employer, which implied that the union had claimed that blood drives were not being maintained, but the union had not.

The tribunal also found that the employer lacked nuance in erroneously asserting that the union had refused to proceed with expedited bargaining.

"Whether the employer's conduct was intentional or the result of serious imprudence, it undermined and discredited the union's action. In particular, the employer could not have been unaware of the possible consequences for employee mobilisation and reaction to their union by placing the blame on the union," the Tribunal ruled.

The third complaint was related to statements made by a Héma-Québec representative during a live television interview, during which the salary scales of Héma-Québec nurses and those in the public sector were discussed.

This time, the tribunal ruled that some of the information given in the interview was not accurate, but that other information could be justified - hence the partial upholding of the complaint.

"The employer was justified in making an on-air statement to inform the public that, despite the ongoing protest, collection activities were continuing as usual," the Tribunal noted.

In the end, the tribunal ordered Héma-Québec "to cease and desist from seeking to obstruct the activities of the Syndicat du personnel infirmier d'Héma-Québec." 

This report by The Canadian Press was first published in French on Dec. 20, 2024.