MONTREAL -- In a case related to nurses' overtime, the labour court ordered nurses in the emergency room of the Mont-Laurier Hospital to cease their concerted refusal to perform their normal work.

The Laurentians health and social services centre (CISSS des Laurentides) requested the Labour Administrative Tribunal to intervene after seven nurses in the emergency department of the hospital refused to start their shift.

The CISSS also alleged that they refused, in a concerted manner, to give their availability for overtime work.

The CISSS was only partially successful.

The tribunal found that the refusal to perform normal work constituted "unlawful coercion."

It therefore ordered the nurses in the emergency room of the Mont-Laurier Hospital to "immediately cease and desist from refusing to perform their normal work duties in a concerted manner."

The Tribunal did not, however, find in favour of CISSS regarding the refusal to work overtime.

It found that the evidence on this issue was insufficient as it was based on hearsay. A witness said he had overheard a conversation that led him to conclude that a refusal to work voluntary overtime was being prepared on July 13, the tribunal found.

The decision of the Administrative Labor Court was filed in Superior Court, giving it equal weight. Thus, "they are consequently in contempt of court for contravention" of the order.

EVERYONE IS EXHAUSTED

In an interview with The Canadian Press, union president Julie Daignault (of the FIQ's Syndicat des professionnelles en soins des Laurentides) denounced the situation.

"Everyone is exhausted. Everyone has worked long hours during the pandemic," she said. "We are currently facing a very critical situation. The employer continues to manage schedules with overtime and mandatory overtime. They are forcing our members to go back to work despite their exhaustion."

Daignault concedes that there is a shortage of nurses, but she says there is also a problem with scheduling, posting good jobs and overtime.

"I know that I am not only experiencing this in Mont-Laurier, but everywhere in the Laurentians and in Quebec," she said. "If we continue like this, to force health-care professionals to work mandatory overtime, we are heading towards people who will fall ill, who will resign and want to do something else."

Invited to comment, the CISSS des Laurentides did not respond in time for publication.

-- this report by The Canadian Press was first published in French on July 16, 2021.