Quebec labour code doesn't infringe rights of casino managers, Supreme Court rules
Excluding front-line supervisors at a Montreal casino from organizing under the Quebec labour-relations regime does not infringe their constitutional rights, the Supreme Court of Canada has ruled.
In a decision Friday, the top court said barring managers from the regime through a provision of the Quebec labour code is not a violation of their Charter guarantee of freedom of association.
Seventy per cent of the operation supervisors assigned to gaming tables at Casino de Montréal were members of an association that filed a petition for certification in 2009.
As part of the petition, the association asked that the exclusion of managerial personnel from the definition of "employee" in the provincial labour code be declared "constitutionally inoperative."
The association, which also represents front-line managers at three other Quebec casinos, successfully argued before a tribunal that the definition infringed the freedom of association guaranteed by the Charter of Rights.
The Quebec Superior Court allowed an application for judicial review from the employer, Société des casinos du Québec, on the basis there were several errors in the administrative ruling.
However, the Quebec Court of Appeal overturned that decision, prompting the employer to take its case to the Supreme Court.
Writing for a majority of the high court, Justice Mahmud Jamal identified the appropriate two part-test for deciding whether legislation infringes the Charter provision guaranteeing freedom of association.
The first step involves determining whether the association's activities fall within the scope of the Charter provision.
Jamal found the association's claims were indeed grounded in the provision, including the right to form a body independent from the employer, to make collective representations to the employer and to have them considered in good faith.
The second step of the test entails determining whether the legislative exclusion substantially interferes with the protected activities of the association's members.
Jamal said the purpose of the exclusion under the provincial labour code was not to interfere with managers' associational rights.
Rather, the intent of excluding managers from the definition of "employee" under the code was to:
- distinguish between management and operations in an organization's hierarchy;
- avoid placing managers in a conflict of interest between their role as representatives of the employer and their role as employees in collective bargaining;
- give employers confidence that managers would represent their interests, while protecting the distinctive common interests of employees.
Jamal said the association had also failed to show that the effect of the legislative exclusion is to substantially interfere with its members' rights to meaningful collective bargaining.
He noted the supervisors managed to group together to form the association, and the Montreal division was voluntarily recognized by the employer as the representative of front-line managers.
In addition, the employer and the Montreal division have successfully concluded a memorandum of understanding providing a framework for collaboration and consultation on working conditions and related issues, he wrote.
Jamal concluded the terms of the memo demonstrate that the association's members "are able to associate and collectively bargain with their employer."
This report by The Canadian Press was first published April 19, 2024.
CTVNews.ca Top Stories
NEW Biscuits with possible plastic pieces, metal found in ground pork: Here are the recalls for this week
Here are the latest recalls Canadians should watch out for, according to Health Canada and the Canadian Food Inspection Agency.
More than half of Canadians say freedom of speech is under threat, new poll suggests
A new poll suggests a majority of Canadians feel their right to freedom of speech is in danger.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
Police move in to clear NYU encampment, U.S. campus arrests grow to 2,200 in pro-Palestinian protests
Police moved in to clear an encampment at New York University on Friday at the request of school officials, a move that follows weeks of pro-Palestinian protests at college campuses nationwide that have resulted in nearly 2,200 arrests by police.
Feds giving Toronto more than $104M to host 2026 FIFA World Cup
The federal government will provide Toronto just over $104 million in funding to host the 2026 FIFA World Cup.
Wally, the emotional support alligator once denied entry to a baseball game, is missing
Emotional support animal registrations in the United States reached 115,832 last year, by an industry group’s count. But in the eyes of reptile rescuer Joie Henney, there’s only one: 'Wally Gator.'
Parents of infant who died in wrong-way crash on Ontario's Hwy. 401 were in same vehicle
Ontario’s Special Investigations Unit has released new details about a wrong-way collision in Whitby on Monday night that claimed the lives of four people.
Drew Barrymore explains how she accidentally left a list of her romantic partners at Danny DeVito's house
Danny DeVito had the opportunity to know way more about Drew Barrymore than the rest of us.
'Bare-adise' adventure: This nude cruise is due to set sail from Miami in 2025
What do you need to pack for a cruise? When it comes to this upcoming cruise from tour and travel company Bare Necessities, the answer appears to be very little.