Several major labor organizations have taken a bold step by filing legal challenges on Monday in the Superior Court regarding a controversial law that grants the Labor Minister the authority to intervene in labor disputes and impose arbitration under specific circumstances. The law was enacted on November 30 and is officially named the “Act to give greater consideration to the needs of the population in the event of a strike or lockout,” passed in May.
Although not actively applied, the law was referenced during the recent Montreal public transit maintenance workers’ strike. It empowers the minister to refer unresolved labor disputes to an arbitrator if deemed to pose significant harm to the public, following unsuccessful mediation. Subsequently, the arbitrator would determine the employees’ working conditions.
Five labor organizations – CSQ, CSN, FTQ, CSD, and APTS – collectively lodged appeals for judicial review against this law. They have been vocal about their intent to challenge Law 14, formerly known as Bill 89, citing concerns about its impact on the employer-union power dynamics. According to these organizations, the law incentivizes employers to prolong negotiations or disputes in anticipation of government intervention, thereby disrupting the balance of power.
Moreover, the groups criticize the law for encroaching upon the freedom of association guaranteed by charters. CSN President Caroline Senneville highlighted that the law curtails this fundamental right and grants excessive discretionary authority to the government, allowing the minister to prematurely end strikes or lockouts and mandate binding arbitration. This, as Senneville explained, could potentially disadvantage unions during arbitration due to inherent biases in decision-making.
In a show of solidarity, over 50,000 union members marched in downtown Montreal to protest the proposed union reform bill by the Legault government. The law not only focuses on maintaining essential services for public health and safety but also includes provisions to safeguard services vital for the well-being of the population and prevent disproportionate impacts on societal, economic, or environmental security.
