Quebec Health Ministry negotiated in bad faith with unions: Labour tribunal

Major health care unions in Quebec are claiming victory following an Administrative Labour Tribunal (TAT) ruling that states the Health Ministry "negotiated in bad faith" when offering bonuses to employees without consulting union representatives during the COVID-19 pandemic.

In the ruling, handed down on Tuesday, Judge Myriam Bédard found the Comité patronal de négociation du secteur de la santé et des services sociaux (CPNSSS), "the Government of Quebec -- Direction des relations professionnelles -- Treasury Board and Ministry of Health and Social Services contravened articles 12 and 53 of the Labour Code by obstructing union activities and therefore failing to negotiate in good faith."

The Fédération de la Santé et des Services Sociaux (FSSS-CSN), Fédération de la Santé du Québec (FSQ-CSQ), Fédération Interprofessionnelle de la santé du Québec (FIQ), Syndicat Québécois des Employées et Employés de Service (SQEES-FTQ) and the Canadian Union of Public Employees (CUPE) had filed a complaint with the Tribunal in November 2021.

They denounced the use of ministerial orders and the province's invoking of a state of health emergency to offer bonuses to employees in defiance of their collective agreements.

Most recently, the government announced a $1 billion plan to recruit nurses and more, offering bonuses ranging from $12,000 to $18,000 for full-time work.

However, the unions allege they were not consulted prior to the announcement, and these decisions were made despite the fact that agreements in principle had been reached just a few weeks earlier.

"This government announcement, confirmed in a ministerial order adopted under the guise of a health emergency, is a serious impediment to union activity," Bédard wrote in her decision. "Even if the absence of intention to harm could be demonstrated, which is not the case, it would be necessary to conclude that the government, a seasoned negotiator, could not ignore the consequences."

-- This report by The Canadian Press was first published in French on Aug. 10, 2022.