O-7.1 - Act respecting management and union party organization in collective bargaining in the sectors of education, social affairs and government agencies

Full text
chapter O-7.1
Act respecting management and union party organization in collective bargaining in the sectors of education, social affairs and government agencies
COLLECTIVE BARGAINING IN THE PUBLIC SECTORJune 19 1985June 19 1985
Chapter 0-7.1 is replaced by the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2). (1985, c. 12. s. 99).
1985, c. 12, s. 99.
CHAPTER I
INTERPRETATION
1. In this act,
(a)  association of employees means an association of employees within the meaning of the Labour Code (chapter C-27);
(b)  college means a college established under the General and Vocational Colleges Act (chapter C-29);
(c)  school board means a regional school board, a Protestant central school board, the Bureau métropolitain des écoles protestantes de Montréal, the Bureau des écoles protestantes de Québec métropolitain, the Commission des écoles catholiques de Québec, the Commission des écoles catholiques de Montréal, any school board governed by the Education Act (chapter I-14), and any other similar body designated by the Government for the application of this act;
(d)  collective agreement means a collective agreement within the meaning of the Labour Code, or any document in lieu thereof or a labour contract within the meaning of the Act respecting the Syndical Plan of the Sûreté du Québec (chapter R-14);
(e)  teacher means a teacher within the meaning of the Education Act or a member of the teaching staff of a college;
(f)  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 Government to be classified, for the purposes of this act, with establishments within the meaning of the Act respecting health services and social services;
(g)  employee-associations group means any union, federation, corporation or other organization which an association of employees representing persons contemplated by this act joins, or to which it belongs or is affiliated;
(h)  school board group or college group means any association, federation or other organization to which the majority of the school boards for Catholics, of the school boards for Protestants or of the colleges belong, deemed to be representative of these school boards or colleges by the Minister of Education, if it is not already so recognized by law;
(i)  establishments group means any union, federation, confederation or other organization to which a majority of the establishments of a category belong, deemed by the Minister of Social Affairs to be representative of that category, if it is not already so recognized by law;
(j)  government agency means any agency contemplated in the Schedule.
1978, c. 14, s. 1.
CHAPTER II
THE EDUCATION AND SOCIAL AFFAIRS SECTORS
DIVISION I
MODE OF NEGOTIATION
2. This chapter applies to every collective agreement binding between an association of employees and a school board, college or establishment.
The clauses of such a collective agreement are negotiated and approved at the national level or at a local or regional level in accordance with the following provisions.
1978, c. 14, s. 2.
3. The clauses negotiated and approved at the national level deal with all the matters contained in the collective agreement contemplated in section 2. They provide, however, that certain matters may be the subject of arrangements within the meaning of section 4, or of clauses negotiated and approved at a local or regional level in accordance with section 5.
1978, c. 14, s. 3.
4. The parties to a collective agreement contemplated in section 2 may negotiate and approve, at a local or regional level, arrangements relating to the implementation of the clauses negotiated and approved at the national level, to the extent that the latter provide therefor.
1978, c. 14, s. 4.
5. The parties to a collective agreement contemplated in section 2 may negotiate and approve clauses at a local or regional level.
The matters dealt with in those negotiations and the framework within which they are conducted are provided for in the clauses negotiated and approved at the national level between two hundred and seventy days and one hundred and eighty days before the date of expiration of the collective agreement. The matters that have not so been defined at the expiry of that period are the subject of clauses negotiated and approved at the national level, unless otherwise decided by the Government.
1978, c. 14, s. 5.
6. For the purposes of the negotiation of a collective agreement binding between an association of employees and a school board or a college, the following classes of personnel form separate groups:
(a)  teachers;
(b)  non-teaching professional personnel; and
(c)  support personnel.
1978, c. 14, s. 6.
DIVISION II
BARGAINING AGENTS
§ 1.  — The unions
7. An association of employees that belongs to an employee-associations group negotiates and approves the clauses contemplated in section 3 through a bargaining agent appointed by that group.
1978, c. 14, s. 7.
8. An association of employees that does not belong to an employee-associations group negotiates and approves all the clauses contained in the collective agreement contemplated in section 2 through a bargaining agent appointed by that association.
1978, c. 14, s. 8.
9. The clauses negotiated and approved at the national level by an employee-associations group are binding on every new association of employees that affiliates to that group during the term of the collective agreement.
1978, c. 14, s. 9.
§ 2.  — Management
10. Management negotiating committees are established in the education sector and a management negotiating committee is established in the social affairs sector.
1978, c. 14, s. 10.
11. The management negotiating committees are responsible, under the authority delegated by the Government to the Minister of Education, or the Minister of Social Affairs, for the negotiation and approval of the clauses contemplated in section 3.
For that purpose, they shall prepare draft bargaining proposals, require negotiation mandates from the Conseil du trésor and, within the framework of the mandates it determines, organize, direct and co-ordinate the negotiations carried on by the management party with the employee-associations groups or, as the case may be, with the associations of employees.
1978, c. 14, s. 11.
1.  — The school board groups and the college group
12. The school board group for Catholics, the school board group for Protestants, the college group and the Minister of Education designate their representatives to the management negotiating committee established for the school boards for Catholics, to the management committee established for the school boards for Protestants and to the management committee for colleges.
These representatives designate, in each committee, a chairman and a vice-chairman, one of whom is chosen from among the persons designated by the school board group or college group concerned and the other from among the persons designated by the Minister.
They also reach an agreement on the terms and conditions of operation of the committee and on the determination of the matters in respect of which the representatives of the group or the representatives of the Minister have a casting vote at deliberations of the committee.
This agreement must also provide for the mode of financing of the committee, the term of office of the members and, where necessary, their remuneration and that of the agents of the committee.
The signature of the chairman of the Conseil du trésor confirms the undertaking of the Government with respect to such an agreement.
1978, c. 14, s. 12.
13. The clauses negotiated and approved by the management committees are binding on all of the school boards for Catholics, all of the school boards for Protestants, or all of the colleges, as the case may be.
1978, c. 14, s. 13.
14. The clauses negotiated and approved at the national level are signed by the Minister of Education and the chairman and vice-chairman of the management negotiating committee concerned.
1978, c. 14, s. 14.
2.  — The establishments groups
15. The establishments groups and the Minister of Social Affairs designate their representatives to the management negotiating committee for the social affairs sector.
These representatives designate, in each committee, a chairman and a vice-chairman, one of whom is chosen from among the persons designated by the establishments groups and the other from among the persons designated by the Minister.
They also reach an agreement on the terms and conditions of operation of the committee and on the determination of the matters in respect of which the representatives of the groups or the representatives of the Minister have a casting vote at deliberations of the committee.
This agreement must also provide for the mode of financing of the committee, the term of office of the members and, where necessary, their remuneration and that of the agents of the committee.
The signature of the chairman of the Conseil du trésor confirms the undertaking of the Government with respect to such an agreement.
1978, c. 14, s. 15.
16. The clauses negotiated and approved by the management negotiating committee are binding on all of the establishments.
1978, c. 14, s. 16.
17. The clauses negotiated and approved at the national level are signed by the Minister of Social Affairs and the chairman and vice-chairman of the management negotiating committee.
1978, c. 14, s. 17.
3.  — The Conseil du trésor
18. In accordance with the guidelines established by the Government, the Conseil du trésor
(a)  ensures the orderly progress of the negotiation of the clauses contemplated in section 3, and, for that purpose, may delegate an observer to the negotiating sessions;
(b)  authorizes the negotiation mandates of the management committees in matters that it considers to be of governmental concern;
(c)  exercises, for the purposes of the negotiations contemplated in paragraph a, the other powers assigned to it by law.
1978, c. 14, s. 18.
19. The Conseil du trésor shall invite the Minister of Education or, as the case may be, the Minister of Social Affairs, to participate in its deliberations when they deal with the negotiations contemplated in section 3.
1978, c. 14, s. 19.
CHAPTER III
THE GOVERNMENT AGENCIES SECTOR
DIVISION I
THE UNIONS
20. An association of employees negotiates and approves all the clauses of a collective agreement binding between it and a government agency through a bargaining agent appointed by the association.
1978, c. 14, s. 20.
DIVISION II
MANAGEMENT
21. Before undertaking the negotiation of a collective agreement with an association of employees, a government agency submits a draft establishing, generally, the components of a policy on remuneration and conditions of employment to the minister responsible.
The Minister submits this policy to the approval of the Conseil du trésor, which determines, in cooperation with him and the agency, the terms and conditions according to which the due progress of the negotiations is ensured.
1978, c. 14, s. 21.
22. The policy on remuneration and conditions of employment approved with or without amendment by the Conseil du trésor, and the terms and conditions determined for the due progress of the negotiations are binding on the agency, and it must comply with that policy.
1978, c. 14, s. 22.
23. A government agency negotiates, approves and signs a collective agreement within the scope defined by the application of sections 21 and 22.
1978, c. 14, s. 23.
24. The Government may strike off from the schedule any agency appearing in it, or add to it any other agency. It may also add or strike off any subsidiary of any agency it may designate.
1978, c. 14, s. 24.
CHAPTER IV
TRANSITIONAL AND FINAL PROVISIONS
25. This act does not apply to negotiations in view of the renewal of a collective agreement binding between an association of employees and a school board, college, establishment or government agency, if that collective agreement, or the document in lieu thereof, expires before 1 July 1978.
1978, c. 14, s. 25.
26. Omitted.
1978, c. 14, s. 26.
27. This act comes into force on the day of its sanction.
1978, c. 14, s. 27.
28. This Act shall operate notwithstanding the provisions of sections 2 and 7 to 15 of the Constitution Act, 1982 (Schedule B of the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom).
1982, c. 21, s. 1.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 14 of the statutes of 1978, in force on 1 June 1979, is repealed effective from the coming into force of chapter 0-7.1 of the Revised Statutes.
Section 1 of this Act will be amended on 1 July 1986, the date of the coming into force of section 597 of chapter 39 of the statutes of 1984.