86. For the purposes of this section, “union” means any union or association of employees affiliated with a representative association, or any representative association that does not include such affiliated unions or associations.
Every union is entitled to be represented by a job-site steward on the job site where the employer employs at least seven employees who are members of such union, subject to the following provisions:
1. — Election
Every job-site steward must be elected by secret ballot by a majority of the members of the union already employed by the employer and from among such members.
For the purposes of this section, the job site is constituted of the aggregate of the works executed by one employer on a single project.
Every subsequent increase of 50 employees who are members of the union for the same employer entitles the employees to elect one additional steward.
For the purposes of the Commission’s functions, the person elected must give his union a declaration, within 10 days of his election and in the form determined by the Commission, that his election as job-site steward does not contravene section 26. The union must forward the declaration to the Commission within 10 days of receiving it, in the manner determined by the Commission.
2. — Recognition
The employer must recognize the job-site steward so elected as the representative of the group of employees who are members of the union concerned once the union has notified the employer of the job-site steward’s election in writing and forwarded the declaration required by the fourth paragraph of paragraph 1 to the Commission.
3. — Functions and remuneration of the job-site steward
(a) The job-site steward is an employee of the employer and as such, he must furnish a reasonable amount of work, taking his union duties into account.
(b) As job-site steward he may, during working hours, without diminution of salary but only after notifying the employer’s representative, inquire into the disputes concerning the application of the collective agreement and discuss them with the employer.
(c) The time allocated for the union activities of the job-site steward shall be agreed by the employer and the job-site steward, taking into account the number of employees that he represents, but it shall not exceed three hours per working day.
(d) If, by exception, the job-site steward must leave his work for a period longer than that fixed by agreement, he must account for his prolonged absence to his employer.
(e) Except in the case of a prolonged absence accounted for as required by subparagraph d, the job-site steward is not entitled to wages for union activities beyond the agreed time.
(f) On the job site, the job-site steward must limit himself to doing his work for the employer and carrying out the functions of job-site steward determined by law.
4. — Preference of employment
The job-site steward shall be given preference of employment on his job site over all employees if
(a) seven or more employees who are members of his union are still employed by the employer on the job site; and
(b) there is work to be done in his trade, specialty or occupation.
5. — Training of union representatives
If the steward and his union decide that the steward needs a period of training to fulfil his new functions adequately, he will be entitled to leave his work, without pay, to attend the appropriate classes. The duration of such absence must be negotiated between the parties, taking into account the particularities of the industry.
The steward must obtain prior authorization from the employer who shall never refuse it without reasonable cause.
6. — Advance notice of layoff
When an employer wishes to lay off a job-site steward for more than five days, he must give him an advance notice of three working days. Such advance notice must also be sent, in writing, to the job-site steward’s union with the same period. Failing such, the employer must pay an indemnity equal to four hours of wages at the prevailing wage rate, without premium, for each day of default up to three working days.
1975, c. 50, s. 3; 1986, c. 89, s. 17; 1993, c. 61, s. 54; 1999, c. 40, s. 257; 2005, c. 42, s. 8; 2018, c. 12, s. 91.