Hydro-Québec has been cleared of any wrongdoing by the Tribunal administratif du travail (TAT) in a recent case involving the union representing construction site nurses. The complaint filed by the local branch of the Canadian Union of Public Employees (CUPE) was dismissed, with allegations of breaching the obligation to negotiate in good faith and obstructing union activities found to be unsubstantiated.
During management meetings with construction site nurses, a Hydro-Québec representative had discussed the potential use of employment agencies for unfilled assignments, sparking concerns from the union. This issue of outsourcing was a key point of contention in negotiations for the union’s first collective agreement.
The union accused the employer of causing confusion and undermining their bargaining power by mentioning subcontracting options outside formal negotiations. However, administrative judge Véronique Girard emphasized that the context of the representative’s comments was important. The representative had responded to queries from the union president during a meeting, rather than initiating the discussion outside the bargaining table.
Girard noted that the employer’s comments were factual and aimed at addressing questions raised, with the use of agency nurses presented as a possible solution to meet operational needs that registered nurses could not fulfill according to regulations.
The decision highlighted the challenges in reaching a collective agreement but concluded that Hydro-Québec had not violated its duty to negotiate in good faith. The union’s claims of bad faith bargaining and obstruction were not supported by the evidence presented in the case.
