N-1 - Act respecting collective bargaining in the sectors of education, social affairs and government agencies

Full text
chapter N-1
Act respecting collective bargaining in the sectors of education, social affairs and government agencies
COLLECTIVE BARGAININGJune 23 1978June 23 1978
Chapter N-1 is replaced by the Act respecting management and union party organization in collective bargaining in the sectors of education, social affairs and government agencies (chapter O-7.1). (1978, c. 14, s. 26).
1978, c. 14, s. 26.
1. In this act,
(a)  association of employees means an association of employees within the meaning of the Labour Code (chapter C-27);
(b)  collective agreement means a collective agreement within the meaning of the Labour Code, or an arbitration award in lieu thereof which, as far as Divisions I and II are concerned, becomes effective on or after 1 July 1975 or a labour contract within the meaning of the Act respecting the Syndical Plan of the Sûreté du Québec;
(c)  college means a college established under the General and Vocational Colleges Act (chapter C-29);
(d)  school board means a regional school board, a Protestant central school board, the Protestant School Board of Greater Montréal, the Protestant School Board of Greater Québec, the Commission des écoles catholiques de Québec, the Commission des écoles catholiques de Montréal, any school board governed by the Education Act and any other similar body designated by the Gouvernement for the application of this act;
(e)  establishment means a public establishment within the meaning of the Act respecting health services and social services (chapter S-5), a private establishment under agreement within the meaning of the said act, a private establishment that has made a contract provided for in section 176 of the said act with the Minister of Social Affairs and any body which furnishes services to an establishment in accordance with the said act and declared by the Gouvernement to be classified, for the purposes of this act, with establishments within the meaning of the Act respecting health services and social services;
(f)  establishments group means any union, federation, confederation or other organization to which an establishment belongs, deemed by the Minister of Social Affairs to be representative of one or more categories of establishments, if it is not already so recognized by law;
(g)  school board group or college group means any association, federation or other organization to which the majority of the school boards or colleges belong, deemed to be representative of the colleges or school boards by the Minister of Education if it is not already so recognized by law;
(h)  teacher means a teacher within the meaning of the Education Act (chapter I-14) and a member of the teaching staff of a college;
(i)  employee-associations group means any union, federation, confederation, corporation or other organization which an association of employees representing persons contemplated by this act joins, or to which it belongs or is affiliated;
(j)  government agency means any agency contemplated in the schedule and any other agency designated by the Gouvernement for the application of this act.
1974, c. 8, s. 1; 1977, c. 5, s. 14.
DIVISION I
THE EDUCATIONAL SECTOR
2. For the purposes of the negotiation of collective agreements, the following classes of personnel form separate groups in respect of the school board sector on the one hand and the college sector on the other:
(a)  teachers;
(b)  non-teaching professionnal personnel; and
(c)  support personnel.
1974, c. 8, s. 2.
3. Associations of employees which belong to an employee-associations group shall negotiate and approve the clauses contemplated in section 10, or in section 17, as the case may be, through a bargaining agent appointed by their group.
The associations of employees which do not belong to an employee-associations group shall negotiate and approve clauses through a bargaining agent appointed by them.
1974, c. 8, s. 3.
4. The school boards shall negotiate and approve the clauses contemplated in section 10 through a bargaining agent appointed by one of the groups contemplated in paragraph g of section 1.
1974, c. 8, s. 4.
5. The colleges shall negotiate and approve the clauses contemplated in section 17 through a bargaining agent appointed by one of the groups contemplated in paragraph g of section 1.
1974, c. 8, s. 5.
6. The Minister of Education, through his representatives, shall of right be a party to the negotiation of the clauses contemplated in section 10 and in section 17.
Such clauses shall be signed, for the Gouvernement, upon the authorization of the Gouvernement, by the person designated by it.
1974, c. 8, s. 6; 1977, c. 5, s. 14.
§ 1.  — The school boards
7. Any employee-associations group contemplated in section 3 and the parties contemplated in sections 4 and 6 shall, within 90 days from 24 December 1974, agree on which matters are to be negotiated and approved at the provincial level and which at a level other than the provincial.
1974, c. 8, s. 7.
8. On failure by the parties contemplated in section 7 to reach such agreement within the delay indicated, the Gouvernement shall determine which matters are to be negotiated and approved at the provincial level and which at a level other than the provincial.
1974, c. 8, s. 8.
9. In the case contemplated in section 8, the Gouvernement shall determine as matters for provincial negotiation, at least those matters which all the parties contemplated in sections 3, 4 and 6 have agreed to negotiate at the provincial level.
1974, c. 8, s. 9.
10. The matters for provincial negotiation contemplated in sections 7 and 8 shall be the subject of clauses negotiated and approved by the parties concerned.
1974, c. 8, s. 10.
11. The clauses contemplated in section 10 may authorize, within the scope and on the terms and conditions they must indicate, the making of local or regional arrangements between the associations of employees and the school boards.
1974, c. 8, s. 11.
12. Matters for other than provincial negotiation shall be negotiated and approved between one or more associations of employees and one or more school boards.
1974, c. 8, s. 12.
13. A collective agreement binding between an association of employees and a school board shall contain:
(a)  the clauses negotiated and approved at the provincial level and contemplated in section 10;
(b)  the arrangements negotiated and approved pursuant to section 11;
(c)  the clauses negotiated and approved in virtue of section 12.
1974, c. 8, s. 13.
§ 2.  — The colleges
14. Any employee-associations group contemplated in section 3 and the parties contemplated in sections 5 and 6 shall, within 90 days of 24 December 1974, agree on which matters are to be negotiated and approved at the provincial level and which at a level other than the provincial.
1974, c. 8, s. 14.
15. On failure by the parties contemplated in section 14 to reach such agreement within the delay indicated, the Gouvernement shall determine which matters are to be negotiated and approved at the provincial level and which at a level other than the provincial.
1974, c. 8, s. 15.
16. In the case contemplated in section 15, the Gouvernement shall determine as matters for provincial negotiation, at least those matters which all the parties contemplated in sections 3, 5 and 6 have agreed to negotiate at the provincial level.
1974, c. 8, s. 16.
17. The matters for provincial negotiation contemplated in sections 14 and 15 shall be the subject of clauses negotiated and approved by the parties concerned.
1974, c. 8, s. 17.
18. The clauses contemplated in section 17 may authorize, within the scope and on the terms and conditions they must indicate, the making of local or regional arrangements between the associations of employees and the colleges.
1974, c. 8, s. 18.
19. Matters for other than provincial negotiation shall be negotiated and approved between one or more associations of employees and one or more colleges.
1974, c. 8, s. 19.
20. A collective agreement binding between an association of employees and a college shall include:
(a)  the clauses negotiated and approved at the provincial level and contemplated in section 17;
(b)  the arrangements negotiated and approved pursuant to section 18;
(c)  the clauses negotiated and approved by virtue of section 19.
1974, c. 8, s. 20.
DIVISION II
THE SOCIAL AFFAIRS SECTOR
21. Subject to section 26, the clauses of collective agreements binding between establishments and associations of employees must be negotiated and approved at the provincial level in order to be valid.
1974, c. 8, s. 21.
22. The Minister of Social Affairs, through his representatives, shall of right be a party to the negotiation of the clauses contemplated in section 21.
Such clauses shall be signed, for the Gouvernement, upon the authorization of the Gouvernement, by the person designated by it.
1974, c. 8, s. 22; 1977, c. 5, s. 14.
23. Associations of employees which belong to an employee-associations group shall negotiate and approve the clauses to be contained in a collective agreement through a bargaining agent appointed by their group.
The associations of employees which do not belong to the same employee-associations group shall negotiate and approve the clauses to be contained in a collective agreement through a bargaining agent appointed by them.
1974, c. 8, s. 23.
24. Establishments belonging to an establishments group shall negotiate and approve the clauses to be contained in a collective agreement through their group.
The other establishments shall negotiate and approve the clauses to be contained in a collective agreement through the establishments group chosen by each of them.
1974, c. 8, s. 24.
25. The clauses contemplated in section 21 may authorize, within the scope and on the terms and conditions they must indicate, local arrangements between the associations of employees and the establishments.
1974, c. 8, s. 25.
26. Clauses negotiated and approved at the provincial level in accordance with this division may authorize, within the scope and on the terms and conditions they indicate, clauses to be agreed locally between the associations of employees and the establishments.
1974, c. 8, s. 26.
27. A collective agreement binding between an association of employees and an establishment shall contain:
(a)  the clauses negotiated and approved at the provincial level and contemplated in section 21;
(b)  the arrangements negotiated and approved pursuant to section 25;
(c)  the clauses negotiated and approved in virtue of section 26.
1974, c. 8, s. 27.
DIVISION III
THE GOVERNMENT AGENCIES SECTOR
28. The Minister of the Civil Service, through his representatives, shall of right be a party to the negotiation of collective agreements binding between associations of employees and government agencies other than those contemplated in Divisions I and II.
Collective agreements shall be signed, for the Gouvernement, upon the authorization of the Gouvernement, by the person designated by it.
1974, c. 8, s. 28; 1977, c. 5, s. 14.
29. The associations of employees shall negotiate and approve clauses through a bargaining agent designated by them.
1974, c. 8, s. 29.
30. Each government agency shall negotiate and approve clauses through a bargaining agent designated jointly by the agency and the Minister of the Civil Service.
1974, c. 8, s. 30.
31. Notwithstanding section 28, in matters regarding the Manpower Vocational Training Commissions established under the Act respecting manpower vocational training and qualification, for the purposes of collective bargaining, the rules provided in section 21 of the Act respecting manpower vocational training and qualification (chapter F-5) continue to apply.
1974, c. 8, s. 31.
32. The Gouvernement may exclude from the field of application of this division, any agency or category of agencies contemplated therein that it may designate.
1974, c. 8, s. 32.