The Supreme Court of Canada has dismissed Hydro-Québec's application for leave to appeal a judgment affecting its right to manage employees, in connection with unilateral changes to the working conditions of some of its employees.

The dispute dates back to 2019, when Hydro-Québec, as the employer, unilaterally modified the working conditions of mobile operators who worked at certain hydroelectric power stations in the Manicouagan region. These working conditions were set out in letters of agreement and dated back to the 1980s.

The Syndicat des employés de métier, a local of the FTQ-affiliated Canadian Union of Public Employees (CUPE), was unhappy to see its members' working conditions changed in this way and filed a grievance.

Initially, the arbitrator rejected the union's grievance, ruling that the action fell within the employer's right to manage.

The dispute continued.

At first instance, the judge concluded that the arbitrator's decision was unreasonable.

He set aside the arbitrator's decision, allowed the grievance and ordered Hydro-Québec to respect the letters of agreement.

The judge also referred the case to another arbitrator to rule on the union's request for financial compensation for the employees who had been wronged.

At the next stage, the Court of Appeal dismissed the appeal, finding that the arbitrator's decision was unreasonable.

Hydro-Québec, therefore, appealed to the Supreme Court of Canada, asking for leave to appeal, which the country's highest court has just denied. The Supreme Court did not give any reasons for its refusal, as is customary in its case.

REACTIONS

For union president Frédéric Savard, the decision was a "long legal battle" that resulted in "a major victory" for the workers concerned, the CUPE local and even "the entire labour movement."

In his view, an overly broad interpretation of the scope of the right to manage, when a letter of understanding was agreed between the union and management parties, could have affected many other workers.

Savard believes that the decision affects 15 to 20 workers who could claim financial compensation.

This part of the case, which deals with the financial compensation claimed by the union for the injured employees, was referred to another arbitrator, but has not yet been heard.

For its part, Hydro-Québec management has simply stated that it has taken note of the Supreme Court's decision.

This report by The Canadian Press was first published in French on Sept. 7, 2023.