U-0.1 - Act respecting bargaining units in the social affairs sector

Updated to 22 May 2014

This document has official status.

chapter U-0.1

Act respecting bargaining units in the social affairs sector

DIVISION I INTRODUCTORY PROVISIONS

1. This Act introduces a union representation system applicable to associations of employees and institutions in the social affairs sector whose process of negotiation is governed by the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2).

To that end, this Act establishes classes of personnel according to which bargaining units are to be constituted, and limits their number. It also provides for a mechanism by which an association of employees may be certified to represent the employees included in a bargaining unit following an integration of activities, an amalgamation of institutions, or a partial transfer of activities from one institution to another. Finally, it sets out the special terms according to which the parties, following the certification of the new association of employees, must negotiate the matters defined as being the subject of clauses negotiated and agreed at the local or regional level.

2003, c. 25, s. 1.

2. The provisions of the Labour Code (chapter C-27) apply, with the necessary modifications, to the extent that they are not inconsistent with the provisions of this Act.

2003, c. 25, s. 2.

3. When the Commission des relations du travail is seized of a petition, it may rule on any question relating to the application of this Act and the Labour Code (chapter C-27). It may designate a labour relations officer to perform any function assigned to the officer by this Act, on the conditions the Commission determines.

2003, c. 25, s. 3.

DIVISION II UNION REPRESENTATION SYSTEM

§ 1 . — General rules

4. The bargaining units in any institution in the social affairs sector must be constituted according to the following classes of personnel:

(1)  nursing and cardio-respiratory care personnel, as defined in section 5;

(2)  paratechnical personnel and auxiliary services and trades personnel, as defined in section 6;

(3)  office personnel and administrative technicians and professionals, as defined in section 7;

(4)  health and social services technicians and professionals, as defined in section 8.

2003, c. 25, s. 4.

5. The class of nursing and cardio-respiratory care personnel comprises employees whose practice is governed by the Nurses Act (chapter I-8), employees who are members of the Ordre professionnel des infirmières et infirmiers auxiliaires du Québec and employees assigned to nursing and cardio-respiratory care, and who hold employment under one of the job titles listed in Schedule 1.

2003, c. 25, s. 5.

6. The class of paratechnical personnel and auxiliary services and trades personnel comprises employees whose job consists in performing semi-skilled tasks to provide functional support, generally to health and social services professionals or technicians, and employees whose job consists in providing manual auxiliary services or pursuing skilled or semi-skilled trades that may require a qualification certificate, and who hold employment under one of the job titles listed in Schedule 2.

2003, c. 25, s. 6.

7. The class of office personnel and administrative technicians and professionals comprises employees whose job consists in performing a set of administrative, professional, technical or routine tasks and who hold employment under one of the job titles listed in Schedule 3.

2003, c. 25, s. 7.

8. The class of health and social services technicians and professionals comprises employees whose job consists in providing health services or social services to users or in carrying out professional or technical work as part of such services, and who hold employment under one of the job titles listed in Schedule 4.

2003, c. 25, s. 8.

9. A bargaining unit may not include more than one class of personnel listed in section 4 and may only include employees whose home base is in the territory of a single agency.

Only one association of employees may be certified to represent the employees of a bargaining unit in an institution and only one collective agreement may be applicable to all the employees in that bargaining unit.

2003, c. 25, s. 9; 2005, c. 32, s. 308.

10. It is the duty of the Commission des relations du travail, on being seized of a petition, to rule on the class of personnel to which a job title is related when the validity of the job title has been recognized by agreement between unions and management at the national level and the job title is not listed in any of Schedules 1 to 4.

Once a year, the Commission sends the Minister of Health and Social Services a list of the job titles to be added to those in Schedules 1 to 4, following decisions rendered by the Commission. The Minister publishes the list in the Gazette officielle du Québec. The Minister of Justice ensures that the list of job titles is updated in the schedules in the Compilation of Québec Laws and Regulations, based on the published list.

2003, c. 25, s. 10.

11. Subject to section 94, a petition relating to the certification of an association of employees to represent the employees of an institution in the social affairs sector is only granted in accordance with this subdivision.

2003, c. 25, s. 11.

§ 2 . — Determination of a new bargaining unit following an integration of activities or an amalgamation of institutions

12. For the purposes of this subdivision, a reference in section 13, paragraph 1 of section 14, paragraph 2 of section 15, subparagraph 3 of the second paragraph of section 16 or the first paragraph of section 17, 18 or 19 to a certified association of employees or to an association of employees that is certified is also a reference, with the necessary modifications, to an association of employees having filed, within the time specified in the Labour Code (chapter C-27), a petition for certification to represent employees that is still pending on the day preceding the date of integration or amalgamation.

2003, c. 25, s. 12.

13. If the Minister ascertains that an integration of activities under section 330 of the Act respecting health services and social services (chapter S-4.2) or an amalgamation of institutions under section 323 of that Act will involve one or more institutions in which there is a certified association of employees, the Minister notifies the Commission des relations du travail, indicating the names of the institutions and the date set for the integration or amalgamation.

The same applies if a private institution under agreement acquires the undertaking of another private institution and integrates the activities of the other institution with its own activities or amalgamates with the other institution.

2003, c. 25, s. 13.

14. Each institution concerned draws up a status report on union representation as it exists in the institution on the day preceding the date set for the integration or amalgamation. This status report includes

(1)  a description of each existing bargaining unit and the name of the association of employees certified to represent the employees in that bargaining unit;

(2)  the names, addresses, social insurance numbers, job titles and job title numbers of all the employees in the institution, including employees who are on leave without pay and employees who are on a recall or standby list to the extent that the latter performed work during the 12 months before the date of the integration or amalgamation, identifying employees who

(a)  are included in a bargaining unit referred to in paragraph 1;

(b)  do not belong to any bargaining unit because there is no association of employees certified to represent those employees.

2003, c. 25, s. 14.

15. On the day preceding the date set for the integration or amalgamation, each institution concerned

(1)  sends the Minister the information referred to in paragraph 1 of section 14;

(2)  sends each of the associations of employees referred to in paragraph 1 of section 14 only the information referred to in paragraph 2 of that section that concerns employees included in a class of personnel who belong to a bargaining unit for which the association is certified, but not the employees’ addresses or social insurance numbers.

2003, c. 25, s. 15.

16. Within 30 days after the date of integration or amalgamation and based on the information referred to in paragraph 2 of section 14, the integrating institution or the new institution resulting from the amalgamation identifies any new bargaining unit corresponding to a class of personnel for which an association of employees may eventually be certified in the institution, and prepares a list of the employees to be included in that bargaining unit, with their job titles, addresses or social insurance numbers.

On or before the expiry of those 30 days, the institution

(1)  posts the information required under the first paragraph and a copy of all the information required under section 14, but not the employees’ addresses and social insurance numbers, for 20 days at the usual places for posting information in the institution;

(2)  sends the information required under the first paragraph to the Commission des relations du travail, using an information technology medium determined by the Commission, and informs the Commission, for each class of employees, of the number of employees represented by a certified association of employees, the number of employees not so represented, and the date on which the period for posting the information ends;

(3)  sends each association of employees referred to in paragraph 1 of section 14 only the information referred to in subparagraph 2 that concerns a class of personnel for which the association is already certified as regards some of the employees to be included in the new bargaining unit, but not the employees’ addresses or social insurance numbers.

2003, c. 25, s. 16.

17. With respect to a new bargaining unit in the integrating institution or the new institution resulting from the amalgamation, an association of employees referred to in paragraph 1 of section 14 may file a petition with the Commission des relations du travail applying for certification to represent the employees to be included in the new bargaining unit, if that association is already certified for some of those employees.

The petition for certification is filed with the Commission on or before the eightieth day after the date of integration or amalgamation. A petition filed outside the prescribed time is refused, unless the Commission believes circumstances warrant granting the association of employees an extension, which may not however exceed 20 days.

A copy of the petition is served on the integrating institution or the new institution resulting from the amalgamation, which posts it at the usual places for posting information in the institution.

If the petition is filed by an association of employees that is not certified but is referred to in section 12, the association indicates the Commission’s record number that refers to its petition for certification.

2003, c. 25, s. 17.

18. The associations of employees referred to in paragraph 1 of section 14 may form an employee-associations group to apply for certification to represent the employees to be included in a new bargaining unit if one of those associations is already certified for some of those employees. An employee’s membership in an association of employees that is a member of such a group constitutes membership in the group.

For the purposes of this Act and the Labour Code (chapter C-27), such an employee-associations group is deemed to be an association of employees.

2003, c. 25, s. 18.

19. The associations of employees referred to in paragraph 1 of section 14 may agree to designate one of their number to represent the employees to be included in a new bargaining unit if each of those associations is already certified for some of those employees.

If the associations filed a petition for certification in accordance with section 17, they may agree to have one of their number certified to represent the employees to be included in a new bargaining unit, or to merge into a single association to represent those employees.

The agreements are evidenced in writing.

An agreement under the first paragraph is sent to the Commission des relations du travail before the expiry of the 80-day time limit for filing a petition specified in the second paragraph of section 17 or any extension granted by the Commission under that paragraph. An agreement under the second paragraph is sent to the Commission des relations du travail within 10 days after the expiry of the applicable time limit.

2003, c. 25, s. 19.

20. Upon receipt of one or more petitions filed under section 17, the Commission des relations du travail proceeds as follows, subject to section 21:

(1)  if the Commission concludes that the petitioning association is the only association to have filed a petition to represent the employees to be included in a new bargaining unit, it certifies the association, indicating the class of personnel included in the new bargaining unit;

(2)  if the Commission concludes that the petitioning association, in keeping with the first paragraph of section 19, has obtained the agreement of all the associations of employees referred to in that paragraph that it represent the employees to be included in a new bargaining unit, the Commission certifies the association, indicating the class of personnel included in the new bargaining unit;

(3)  if the Commission concludes that all the petitioning associations agree, in keeping with the second paragraph of section 19, to have one of their number certified to represent the employees to be included in a new bargaining unit, it certifies the association, indicating the class of personnel included in the new bargaining unit;

(4)  if the Commission concludes that all the petitioning associations agree, in keeping with the second paragraph of section 19, to merge into a single association of employees, it certifies the association of employees resulting from the merger, indicating the class of personnel included in the new bargaining unit;

(5)  if the Commission concludes that there is more than one association petitioning to represent the employees to be included in a new bargaining unit, it orders the holding of a vote for the employees of the bargaining unit and certifies the association of employees that obtains the greatest number of votes, indicating the class of personnel included in the new bargaining unit.

2003, c. 25, s. 20.

21. In all cases where at least 40% of the employees in a bargaining unit in the process of being constituted were not represented by an association of employees referred to in paragraph 1 of section 14 on the day preceding the date of integration or amalgamation, the Commission des relations du travail, before granting an association of employees certification under section 20, ascertains the will of the employees who will be included in a new bargaining unit to be represented by an association of employees, by ordering a vote by secret ballot.

The vote may be held simultaneously with a vote under paragraph 5 of section 20.

2003, c. 25, s. 21.

22. Only an employee duly entered on the list required under the first paragraph of section 16 may participate in a vote ordered by the Commission des relations du travail under paragraph 5 of section 20 or section 21, up to one vote per class of personnel to which the employee belongs. To that end, within two days after a request by an association of employees referred to in subparagraph 3 of the second paragraph of section 16, the Commission communicates the address of an employee who will be included in a bargaining unit for which the association of employees filed a petition for certification in accordance with section 17.

The only rules governing the conduct of the vote are those determined by the Commission for the purposes of this Act. The vote may be held by mail or in any other manner the Commission considers appropriate.

2003, c. 25, s. 22.

23. If, on the expiry of the time limit specified in the second paragraph of section 17, no petition has been filed with the Commission des relations du travail by an association of employees entitled to do so for a class of personnel, the Commission notifies the integrating institution or the new institution resulting from the amalgamation, and the Minister.

Within 30 days after receipt of that notice, the institution may bring the matter before the Commission by means of a petition for the revocation of the association’s certification. If the institution fails to act within that time, the Minister may bring the matter before the Commission for the same purpose.

2003, c. 25, s. 23.

24. Upon receipt of a petition filed under the second paragraph of section 23, the Commission des relations du travail revokes the certification of the association of employees that represented the employees included in a bargaining unit that existed in the institution on the day preceding the date of integration or amalgamation.

2003, c. 25, s. 24.

25. The Commission des relations du travail renders its decision concerning a petition filed under section 17 within 150 days after the date on which the petition was filed.

The president of the Commission may extend that time limit if the president believes circumstances warrant it.

2003, c. 25, s. 25.

26. The decision of the Commission des relations du travail is sent to the association of employees newly certified under section 20 and, where applicable, to each of the other petitioning associations, to the association whose accreditation is revoked under section 24, to the integrating institution or the new institution resulting from the amalgamation, and to the Minister.

2003, c. 25, s. 26.

27. The newly certified association of employees is subrogated by operation of law in all the rights and obligations resulting from a collective agreement to which a certified association of employees it replaces was a party.

2003, c. 25, s. 27.

28. The Commission des relations du travail puts an end to the processing of any other petition that is pending on the date of the integration or amalgamation if it is of the opinion that the petition concerns all or some of the employees of a single class of personnel and has the same subject or the same purposes as the petition filed under section 17 or the second paragraph of section 23.

2003, c. 25, s. 28.

§ 3 . — Determination of a new bargaining unit following a partial transfer of activities to another institution

29. Each institution affected by a partial transfer of activities from one institution to another notifies the Commission des relations du travail of the date set for the transfer when it involves the transfer of one or more employees who hold employment under a job title for which there exists either

(1)  an association of employees certified to represent the employees in the transferring institution or the receiving institution; or

(2)  an association that filed, within the time specified in the Labour Code (chapter C-27), a petition, which is still pending, for certification to represent the employees in the transferring institution or the receiving institution.

2003, c. 25, s. 29.

30. Where the names of the employees transferred from the transferring to the receiving institution are known, following the application of the bumping or lay-off procedure set out in their collective agreement, each institution referred to in section 29 draws up a status report on union representation as it exists in the institution on the date of the partial transfer of activities for all the employees in that institution affected by the partial transfer of activities. The status report includes

(1)  a description of each existing bargaining unit affected by the partial transfer of activities and the name of the association of employees referred to in section 29;

(2)  the names, addresses, social insurance numbers, job titles and job title numbers of all the employees affected by the partial transfer of activities, including employees who are on leave without pay and employees who are on a recall or standby list to the extent that the latter performed work during the 12 months before the date of the partial transfer of activities, and who, in the case of the transferring institution, are transferred, or, in the case of the receiving institution, hold employment under a job title that is related to a class of personnel in which the transferred employees also hold employment under a job title related to that class, identifying employees who

(a)  are included in the bargaining unit referred to in paragraph 1;

(b)  do not belong to any bargaining unit because there is no association of employees certified to represent employees in their class of personnel.

2003, c. 25, s. 30.

31. Subject to the second paragraph of section 32, when an association of employees as defined in section 29 is the only association certified or having applied for certification, it becomes the new association of employees certified in the receiving institution to represent the employees to be included in a new bargaining unit. The same applies when the association is the one, among two or more associations of employees as defined in section 29, that represents an absolute majority of the employees to be included in a new bargaining unit.

When there are two or more associations of employees as defined in section 29 and none of them represents an absolute majority of the employees to be included in a new bargaining unit, a vote is held to determine which association will be certified.

2003, c. 25, s. 31.

32. It is the duty of the Commission des relations du travail, on a petition by a certified association of employees as defined in section 29, to rule on any question relating to the application of section 31 and, if required, to hold a vote and certify the association that obtains the greatest number of votes.

In all cases where at least 40% of the employees in a bargaining unit in the process of being constituted were not represented by an association of employees as defined in section 29 on the date of the partial transfer of activities, the Commission, before granting an association of employees certification under section 31, ascertains the will of the employees who will be included in a new bargaining unit to be represented by an association of employees, by holding a vote.

The vote may be held simultaneously with a vote under the second paragraph of section 31.

The Commission determines the collective agreement that applies to all the employees in the receiving institution represented from then on by the newly certified association of employees.

2003, c. 25, s. 32.

33. The seniority accumulated by an employee in an institution is recognized up to one year per period of 12 months, and the employee is included on the seniority list according to the provisions of the collective agreement determined in accordance with the fourth paragraph of section 32.

With respect to employees who were not represented by a certified association of employees, seniority is deemed to have been accumulated according to the provisions of the collective agreement referred to in the first paragraph.

The resulting seniority lists are posted within 30 days after the date of certification of the new association of employees. The periods for posting information and the seniority correction procedures set out in the collective agreement referred to in the first paragraph apply.

2003, c. 25, s. 33.

34. For the purposes of this subdivision, sections 15, 16, 17, 22 to 24 and 26 to 28 apply, with the necessary modifications.

2003, c. 25, s. 34.

DIVISION III DETERMINATION OF CLAUSES NEGOTIATED AND AGREED AT THE LOCAL OR REGIONAL LEVEL

35. From the date of certification of a new association of employees following an integration of activities or an amalgamation of institutions, the integrating institution or the new institution resulting from the amalgamation and the association of employees newly certified under section 20 negotiate the matters defined as being the subject of clauses negotiated and agreed at the local or regional level by the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2).

The parties have 24 months from the date on which the new association of employees is certified to agree on those clauses. Failing agreement within those 24 months on a matter that is the subject of clauses negotiated and agreed at the local or regional level, the institution must, in the ensuing 10 days, request the Minister of Labour to appoint a mediator-arbitrator to settle the disagreement, informing the association of employees of the request.

However, failing agreement, the parties may, during the first 12 months, jointly request the Minister of Labour to appoint a mediator-arbitrator to settle the disagreement. On the expiry of the first 12 months, either of the parties may make such a request to the Minister of Labour in the ensuing 12 months, informing the other party of the request.

2003, c. 25, s. 35.

36. Except where the certification of an association of employees is revoked under section 24, and despite section 9, the collective agreement of each certified association of employees referred to in paragraph 1 of section 14, in force on the day before the date on which the new association of employees is certified, and the local arrangements that relate to it continue to apply for employees covered by each of those collective agreements. The integrating institution or the new institution resulting from the amalgamation and the newly certified association of employees may, however, agree to apply the collective agreement of the newly certified association of employees and the local arrangements relating to it to all the employees included in the new bargaining unit.

From the date on which the new association of employees is certified, the collective agreement of the newly certified association of employees and the local arrangements that relate to it apply to employees who were not represented by a certified association of employees on the day preceding the date of integration or amalgamation.

As of the date of coming into force of an agreement relating to a matter negotiated and agreed at the local or regional level, the clauses negotiated and agreed at the national level and the local arrangements regarding that matter cease to apply. The institution and the newly certified association of employees may agree to bring the clauses negotiated and agreed at the local or regional level into force on different dates.

The new clauses negotiated and agreed at the national level after the date on which the new association of employees is certified take effect on the date set out in those clauses. The local arrangements relating to the clauses of the previous collective agreement, which are replaced by the new clauses, cease to apply on that date.

2003, c. 25, s. 36.

37. The seniority accumulated by an employee in an institution before the date on which the clauses negotiated and agreed at the local or regional level come into force is recognized up to one year per period of 12 months.

With respect to employees that were not represented by a certified association of employees, seniority is deemed to have been accumulated according to the provisions of the collective agreement of the newly certified association of employees.

Seniority lists must be posted within 30 days after the date of the end of the pay period that includes the date of coming into force of the clauses negotiated and agreed at the local or regional level. The periods for posting information and the seniority correction procedures set out in the collective agreement determined for the newly certified association of employees under section 36 apply.

However, the institution and the newly certified association of employees may agree to a date for integrating seniority lists that is earlier than the date provided in the third paragraph for matters negotiated and agreed at the local or regional level that are the subject of an agreement.

2003, c. 25, s. 37.

38. Sections 59, 60 and 61 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2) apply, with the necessary modifications, to the clauses negotiated and agreed at the local or regional level and to the agreements arising from them.

When an agreement is filed with the Minister of Labour in accordance with section 61 of that Act, the Minister of Labour notifies the Minister of Health and Social Services, indicating the names of the parties and the bargaining unit concerned.

2003, c. 25, s. 38; 2006, c. 58, s. 70.

39. If, in accordance with section 35, a request for the appointment of a mediator-arbitrator is made to the Minister of Labour, the parties may jointly recommend a person to the Minister for appointment as mediator-arbitrator.

As soon as possible, the Minister of Labour appoints the person recommended as mediator-arbitrator or, if no joint recommendation is made, a person whose name appears on a list prepared for that purpose after consultation with the Minister of Health and Social Services.

2003, c. 25, s. 39.

40. The mediator-arbitrator endeavours to bring the parties to settle their disagreement. For that purpose, the mediator-arbitrator meets with the parties and, in case of failure or refusal to attend a meeting, gives them an opportunity to present their views.

2003, c. 25, s. 40.

41. If a disagreement subsists 60 days after the appointment of the mediator-arbitrator, the latter rules on the matters yet to be agreed on. Without delay, the mediator-arbitrator requests the association of employees and the institution to give the mediator-arbitrator, within 30 days after the request and in the specified manner,

(1)  a list of the matters that they have agreed on, accompanied by the wording they propose for their implementation;

(2)  a list of the matters yet to be agreed on;

(3)  their final offer to settle the matters referred to in subparagraph 2.

The final offer must be accompanied by the wording proposed for its incorporation into the new collective agreement.

At the end of the 30-day period mentioned in the first paragraph or as soon as the mediator-arbitrator has received the parties’ final offers, the mediator-arbitrator sends each party the other party’s final offer. The mediator-arbitrator convenes the parties to a mediation meeting within the time set by the mediator-arbitrator. If there are matters yet to be agreed on at the end of the meeting, the mediator-arbitrator must allow the parties present to present their views with respect to the criteria set out in the second paragraph of section 42.

2003, c. 25, s. 41.

42. Within 40 days after the meeting provided for in the third paragraph of section 41, the mediator-arbitrator selects either the final offer of the association of employees or that of the institution to settle the matters that have not been agreed on.

The offer selected by the mediator-arbitrator must not entail additional costs for the implementation of the matters concerned and must ensure the provision of client services.

If, in the opinion of the mediator-arbitrator, neither of the offers presented meet those criteria, the mediator-arbitrator modifies the offer selected in order to meet them.

2003, c. 25, s. 42.

43. If one of the parties does not give the mediator-arbitrator a final offer in accordance with subparagraph 3 of the first paragraph of section 41, the mediator-arbitrator selects the final offer of the other party.

2003, c. 25, s. 43.

44. The decision of the mediator-arbitrator must be drawn up so that it can serve as the collective agreement between the association of employees and the institution. It must contain the wording referred to in subparagraph 1 of the first paragraph of section 41 and the wording of the final offer selected by the mediator-arbitrator, corrected, if need be, to meet the criteria set out in the second paragraph of section 42.

Sections 59 and 60 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2) apply, with the necessary modifications, to decisions rendered under this section by the mediator-arbitrator.

2003, c. 25, s. 44.

45. The mediator-arbitrator sends a copy of the decision to the parties within the time specified in the first paragraph of section 42. Within five days after the expiry of that time, the mediator-arbitrator files the decision with the Minister of Labour.

Upon receipt of the decision of the mediator-arbitrator, the Minister of Labour notifies the Minister of Health and Social Services, indicating the names of the parties and the bargaining unit concerned.

2003, c. 25, s. 45; 2006, c. 58, s. 71.

46. The decision of the mediator-arbitrator constitutes the collective agreement applicable between the association of employees and the institution for the matters concerned. It comes into force on the date on which two duplicate originals or true copies of the decision are filed with the Minister of Labour.

The decision may not be the subject of negotiations before the expiry of a period of two years, unless the parties decide to amend it before then.

Certain provisions of the decision may take effect on a date subsequent to its coming into force; the effective date must be specified in each case.

2003, c. 25, s. 46; 2006, c. 58, s. 72.

47. The decision of the mediator-arbitrator only has effect with respect to the association of employees and the institution concerned. It may not be raised as a precedent in any other arbitration proceedings arising from this Act; the mediator-arbitrator, at the request of a party or ex officio, dismisses any application or claim based on such a decision.

2003, c. 25, s. 47.

48. For the purposes of this Act, the mediator-arbitrator is vested with the powers provided for in section 76, the first paragraph of section 80, and sections 81 to 88, 91 and 91.1 of the Labour Code (chapter C-27), with the necessary modifications.

2003, c. 25, s. 48.

49. The fees and expenses connected with the appointment and exercise of the functions of the mediator-arbitrator are borne jointly and equally by the institution and the certified association of employees. The amount of the fees and expenses is established in accordance with the rules prescribed in a regulation under section 103 of the Labour Code (chapter C-27).

2003, c. 25, s. 49.

50. Once the clauses defined as being the subject of negotiations at the local or regional level have been negotiated and agreed or determined by the mediator-arbitrator in accordance with this division, the negotiation of the replacement, amendment, addition or repeal of such clauses must be in conformity with the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2).

2003, c. 25, s. 50.

51. If, during the period for determining the clauses negotiated and agreed at the local or regional level specified in this division, an institution is affected by an integration of activities or an amalgamation of institutions, negotiation of the clauses and mediation or arbitration to settle a disagreement on the final offers must cease immediately.

From the date on which the new association of employees is certified following the integration or amalgamation, the matters defined as being the subject of clauses negotiated and agreed at the local or regional level are again negotiated, in accordance with this division, by the integrating institution or the new institution resulting from the amalgamation and the new certified association of employees.

2003, c. 25, s. 51.

DIVISION IV AMENDING PROVISIONS

HOSPITAL INSURANCE ACT

52. (Amendment integrated into c. A-28, s. 3).

2003, c. 25, s. 52.

ACT RESPECTING THE PROCESS OF NEGOTIATION OF THE COLLECTIVE AGREEMENTS IN THE PUBLIC AND PARAPUBLIC SECTORS

53. (Amendment integrated into c. R-8.2, s. 36).

2003, c. 25, s. 53.

54. (Amendment integrated into c. R-8.2, s. 37).

2003, c. 25, s. 54.

55. (Amendment integrated into c. R-8.2, s. 38).

2003, c. 25, s. 55.

56. (Amendment integrated into c. R-8.2, s. 39).

2003, c. 25, s. 56.

57. (Omitted).

2003, c. 25, s. 57.

58. (Amendment integrated into c. R-8.2, s. 41).

2003, c. 25, s. 58.

59. (Amendment integrated into c. R-8.2, s. 42).

2003, c. 25, s. 59.

60. (Amendment integrated into c. R-8.2, s. 45).

2003, c. 25, s. 60.

61. (Amendment integrated into c. R-8.2, s. 46).

2003, c. 25, s. 61.

62. (Amendment integrated into c. R-8.2, s. 57).

2003, c. 25, s. 62.

63. (Amendment integrated into c. R-8.2, s. 58).

2003, c. 25, s. 63.

64. (Amendment integrated into c. R-8.2, s. 70).

2003, c. 25, s. 64.

65. (Amendment integrated into c. R-8.2, s. 70.1).

2003, c. 25, s. 65.

66. (Amendment integrated into c. R-8.2, s. 72).

2003, c. 25, s. 66.

67. (Amendment integrated into c. R-8.2, Schedule A.1).

2003, c. 25, s. 67.

68. (Amendment integrated into c. R-8.2, Schedule B, Division I).

2003, c. 25, s. 68.

ACT RESPECTING HEALTH SERVICES AND SOCIAL SERVICES

69. (Amendment integrated into c. S-4.2, s. 432).

2003, c. 25, s. 69.

DIVISION V TRANSITIONAL PROVISIONS

§ 1 . — Application

70. Subdivision 2 does not apply to an institution in which there are fewer than four bargaining units.

2003, c. 25, s. 70.

71. The Minister determines by order the date on which sections 72 to 92 take effect for each institution indicated by the Minister. The Minister also determines by order the date on which sections 88 to 92 take effect for an institution referred to in section 70. Such orders are published in the Gazette officielle du Québec.

2003, c. 25, s. 71.

§ 2 . — Merger of bargaining units

72. For the purposes of this subdivision, a reference in paragraph 1 of section 73, paragraph 2 of section 74, subparagraph 3 of the second paragraph of section 75 or the first paragraph of section 76, 77 or 78 to a certified association of employees or to an association of employees that is certified is also a reference, with the necessary modifications, to an association of employees having filed, within the time specified in the Labour Code (chapter C-27), a petition for certification to represent employees that is still pending on the date section 73 comes into effect for the institution concerned.

2003, c. 25, s. 72.

73. Within 30 days after the date on which this section takes effect for an institution in the social affairs sector whose union representation system, on that date, does not comply with subdivision 1 of Division II, the institution draws up a status report of union representation as it existed in the institution on that date. The status report includes

(1)  a description of each existing bargaining unit and the name of the association of employees certified to represent the employees in that bargaining unit; and

(2)  the names, addresses, social insurance numbers, job titles and job title numbers of all the employees in the institution, including employees who were on leave without pay and employees who were on a recall or standby list to the extent that the latter performed work during the 12 months preceding the date on which this section takes effect for the institution concerned, identifying employees who

(a)  were included in a bargaining unit referred to in paragraph 1;

(b)  did not belong to any bargaining unit because there was no association of employees certified to represent those employees.

2003, c. 25, s. 73.

74. On or before the expiry of the 30 days specified in section 73, the institution

(1)  sends the Minister the information required under paragraph 1 of section 73;

(2)  sends each of the associations of employees referred to in paragraph 1 of section 73 only the information required under paragraph 2 of that section that concerns employees included from then on in a class of personnel and who belong to a bargaining unit for which the association is already certified, but not the employees’ addresses or social insurance numbers.

2003, c. 25, s. 74.

75. Within 30 days after the expiry of the 30-day time limit specified in section 73, and based on the information referred to in paragraph 2 of that section, the institution identifies any new bargaining unit corresponding to a class of personnel for which an association of employees may eventually be certified in the institution, and prepares a list of the employees to be included in that bargaining unit, with their job titles, addresses and social insurance numbers.

On or before the expiry of those 30 days, the institution

(1)  posts the information required under the first paragraph and a copy of all the information required under section 73, except the employees’ addresses and social insurance numbers, for 20 days at the usual places for posting information in the institution;

(2)  sends the information required under the first paragraph to the Commission des relations du travail, using an information technology medium determined by the Commission, and informs the Commission, for each class of personnel, of the number of employees represented by a certified association of employees, the number of employees not so represented, and the date on which the period for posting the information ends;

(3)  sends each association of employees referred to in paragraph 1 of section 73 only the information referred to in subparagraph 2 that concerns a class of personnel for which the association is already certified as regards some of the employees to be included in the new bargaining unit, but not the employees’ addresses or social insurance numbers.

2003, c. 25, s. 75.

76. With respect to a new bargaining unit in the institution, an association of employees referred to in paragraph 1 of section 73 may file a petition with the Commission des relations du travail applying for certification to represent the employees to be included in the bargaining unit, if that association is already certified for some of those employees.

The petition for certification is filed with the Commission on or before the one hundred and tenth day after the date on which section 73 takes effect for that institution. A petition filed outside the prescribed time is refused, unless the Commission believes circumstances warrant granting the association of employees extra time, which may not however exceed 20 days.

A copy of the petition is served on the institution, which posts it at the usual places for posting information in the institution.

If the petition is filed by an association of employees that is not certified but is referred to in section 72, the association indicates the Commission’s record number that refers to its petition for certification.

2003, c. 25, s. 76.

77. The associations of employees referred to in paragraph 1 of section 73 may form an employee-associations group to apply for certification to represent the employees to be included in a new bargaining unit if one of those associations is already certified for some of those employees. An employee’s membership in an association of employees that is a member of such a group constitutes membership in the group.

For the purposes of this Act and the Labour Code (chapter C-27), such an employee-associations group is deemed to be an association of employees.

2003, c. 25, s. 77.

78. The associations of employees referred to in paragraph 1 of section 73 may agree to designate one of their number to represent the employees to be included in a new bargaining unit if each of those associations is already certified for some of those employees.

If the associations filed a petition for certification in accordance with section 76, they may agree to have one of their number certified to represent the employees to be included in a new bargaining unit, or to merge into a single association to represent those employees.

The agreements are evidenced in writing.

An agreement under the first paragraph is sent to the Commission des relations du travail before the expiry of the 110-day time limit for filing a petition specified in the second paragraph of section 76 or any extension granted by the Commission under that paragraph. An agreement under the second paragraph is sent to the Commission des relations du travail within 10 days after the expiry of the applicable time limit.

2003, c. 25, s. 78.

79. Upon receipt of one or more petitions filed under section 76, the Commission des relations du travail proceeds as follows, subject to section 80:

(1)  if the Commission concludes that the petitioning association is the only association to have filed a petition to represent the employees to be included in a new bargaining unit, it certifies the association, indicating the class of personnel included in the new bargaining unit;

(2)  if the Commission concludes that the petitioning association, in keeping with the first paragraph of section 78, has obtained the agreement of all the associations of employees referred to in that paragraph that it represent the employees to be included in a new bargaining unit, it certifies the association, indicating the class of personnel included in the new bargaining unit;

(3)  if the Commission concludes that all the petitioning associations agree, in keeping with the second paragraph of section 78, to have one of their number certified to represent the employees to be included in a new bargaining unit, it certifies the association, indicating the class of personnel included in the new bargaining unit;

(4)  if the Commission concludes that all the petitioning associations agree, in keeping with the second paragraph of section 78, to merge into a single association of employees, it certifies the association of employees resulting from the merger, indicating the class of personnel included in the new bargaining unit;

(5)  if the Commission concludes that there is more than one association petitioning to represent the employees to be included in a new bargaining unit, it orders the holding of a vote for the employees of the bargaining unit and certifies the association of employees that obtains the greatest number of votes, indicating the class of personnel included in the new bargaining unit.

2003, c. 25, s. 79.

80. In all cases where at least 40% of the employees in a bargaining unit in the process of being constituted were not represented by an association of employees referred to in paragraph 1 of section 73 on the date section 73 came into effect for the institution concerned, the Commission des relations du travail, before granting an association of employees certification under section 79, ascertains the will of the employees who will be included in a new bargaining unit to be represented by an association of employees, by holding a vote.

The vote may be held simultaneously with a vote under paragraph 5 of section 79.

2003, c. 25, s. 80.

81. Only an employee duly entered on the list required under the first paragraph of section 75 may participate in a vote ordered by the Commission des relations du travail under paragraph 5 of section 79 or section 80, up to one vote per class of personnel to which the employee belongs. For that purpose, within two days after a request by an association of employees referred to in subparagraph 3 of the second paragraph of section 75, the Commission communicates the address of an employee who will be included in a bargaining unit for which the association of employees filed a petition for certification in accordance with section 76.

The only rules governing the conduct of the vote are those determined by the Commission for the purposes of this Act. The vote may be held by mail or in any other manner the Commission considers appropriate.

2003, c. 25, s. 81.

82. If, on the expiry of the time limit specified in the second paragraph of section 76, no petition has been filed with the Commission des relations du travail by an association of employees entitled to do so for a class of personnel, the Commission notifies the institution concerned and the Minister.

Within 30 days after receipt of that notice, the institution may bring the matter before the Commission by means of a petition for the revocation of the association’s certification. If the institution fails to act within that time, the Minister may bring the matter before the Commission for the same purpose.

2003, c. 25, s. 82.

83. Upon receipt of a petition filed under the second paragraph of section 82, the Commission des relations du travail revokes the certification of the association of employees that represented the employees included in a bargaining unit that existed in the institution concerned on the date section 73 came into effect for the institution.

2003, c. 25, s. 83.

84. The Commission des relations du travail must render its decision concerning a petition filed under section 76 within 150 days after the date on which the petition was filed.

The president of the Commission may extend the time limit if the president believes circumstances warrant such a decision.

2003, c. 25, s. 84.

85. The decision of the Commission des relations du travail is sent to the association of employees newly certified under section 79 and, where applicable, to each of the other petitioning associations, to the association whose accreditation is revoked under section 83, to the institution concerned, and to the Minister.

2003, c. 25, s. 85.

86. The newly certified association of employees is subrogated by operation of law in all the rights and obligations resulting from a collective agreement to which a certified association of employees it replaces was a party.

2003, c. 25, s. 86.

87. The Commission des relations du travail puts an end to the processing of any other petition that is pending on the date section 73 comes into effect for the institution concerned if it is of the opinion that the petition concerns all or some of the employees of a single class of personnel and has the same subject or the same purposes as the petition filed under section 76 or the second paragraph of section 82.

2003, c. 25, s. 87.

§ 3 . — Determination of the first clauses negotiated and agreed at the local or regional level

88. From the date on which the new association of employees is certified, the institution concerned and the association of employees newly certified under section 79 negotiate the matters defined as being the subject of clauses negotiated and agreed at the local or regional level by the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2).

The parties have 24 months from the date on which the new association of employees is certified to agree on those clauses. Failing agreement within those 24 months on a matter that is the subject of clauses negotiated and agreed at the local or regional level, the institution must, in the ensuing 10 days, request the Minister of Labour to appoint a mediator-arbitrator to settle the disagreement, informing the association of employees of the request.

However, during the first 12 months, failing agreement, the parties may jointly request the Minister of Labour to appoint a mediator-arbitrator to settle the disagreement. On the expiry of the first 12 months, either of the parties may make such a request to the Minister of Labour in the ensuing 12 months, informing the other party of the request.

2003, c. 25, s. 88.

89. Except where the certification of an association of employees is revoked under section 83, and despite section 9, the collective agreement of each certified association of employees referred to in paragraph 1 of section 73, in force on the day before the date on which the new association of employees is certified, and the local arrangements that relate to it continue to apply for employees covered by each of those collective agreements. The integrating institution or the new institution resulting from the amalgamation and the newly certified association of employees may, however, agree to apply the collective agreement of the newly certified association of employees and the local arrangements relating to it to all the employees included in the new bargaining unit.

From the date on which the new association of employees is certified, the collective agreement of the newly certified association of employees and the local arrangements that relate to it apply to the employees who were not represented by a certified association of employees on the day before the date of integration or amalgamation.

As of the date of coming into force of an agreement on a matter negotiated and agreed at the local or regional level, the clauses negotiated and agreed at the national level and the local arrangements regarding that matter cease to apply. The institution and the newly certified association of employees may agree to bring the clauses negotiated and agreed at the local or regional level into force on different dates.

The new clauses negotiated and agreed at the national level after the date on which the new association of employees is certified take effect on the date set out in those clauses. The local arrangements relating to the clauses of the previous collective agreement, which are replaced by the new clauses, cease to apply on that date.

2003, c. 25, s. 89.

90. The seniority accumulated by an employee in the institution concerned before the date on which the clauses negotiated and agreed at the local or regional level come into force is recognized up to one year per period of 12 months.

With respect to the employees not represented by a certified association of employees, seniority is deemed to have been accumulated according to the provisions of the collective agreement of the newly certified association of employees.

Seniority lists must be posted within 30 days following the date of the end of the pay period that includes the date of coming into force of the clauses negotiated and agreed at the local or regional level. The periods for posting information and the seniority correction procedures set out in the collective agreement determined for the newly certified association of employees under section 89 apply.

However, the institution and the newly certified association of employees may agree on a date for integrating seniority lists that is earlier than the date provided in the third paragraph for the matters negotiated and agreed at the local or regional level that are the subject of an agreement.

2003, c. 25, s. 90.

91. Where a request for the appointment of a mediator-arbitrator is made to the Minister of Labour in accordance with section 88, the parties may jointly recommend a person to the Minister for appointment as mediator-arbitrator.

As soon as possible, the Minister of Labour appoints the person recommended as mediator-arbitrator or, if no joint recommendation is made, a person whose name appears on a list prepared for that purpose after consultation with the Minister of Health and Social Services.

2003, c. 25, s. 91.

92. For the purposes of this subdivision, sections 38 and 40 to 51 apply, with the necessary modifications.

In the case of an institution referred to in section 70, where a provision referred to in section 88, 89 or 91 refers to the date on which the new association of employees is certified, that provision must be read as referring to the effective date indicated in the Minister’s order made under section 71. Where a provision referred to in any of sections 88 to 91 refers to the new association of employees, that provision must be read as referring to the association of employees that exists in the institution on the day before the date on which those sections take effect.

2003, c. 25, s. 92.

DIVISION VI FINAL PROVISIONS

93. From 18 December 2003, the matters listed in Schedule A.1 of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2), enacted by section 67 of this Act, and defined as being the subject of clauses negotiated and agreed at the local or regional level may no longer be the subject of clauses negotiated and agreed at the national level.

2003, c. 25, s. 93.

94. This Act does not apply to pharmacists, clinical biochemists or medical physicists referred to in section 3 of the Hospital Insurance Act (chapter A-28) or section 432 of the Act respecting health services and social services (chapter S-4.2), or to residents in medicine referred to in section 19.1 of the Health Insurance Act (chapter A-29). Nor does it apply to persons who are recruited by a researcher or an organization engaged in research and whose remuneration comes from a research fund.

2003, c. 25, s. 94.

95. The Minister of Health and Social Services is responsible for the administration of this Act.

2003, c. 25, s. 95.

96. (Omitted).

2003, c. 25, s. 96.

SCHEDULE 1

NURSING AND CARDIO-RESPIRATORY CARE PERSONNEL

_________________________________________________________________________________

Job title                                                               Number   
_________________________________________________________________________________

Assistant head respiratory therapist                                     2248
_________________________________________________________________________________

Assistant head nurse or assistant to the immediate superior              2489
_________________________________________________________________________________

Candidate to the nursing profession                                      2490
_________________________________________________________________________________

Specialty nurse practitioner candidate                                   1914
_________________________________________________________________________________

Clinical teacher (inhalation therapy)                                    2247
_________________________________________________________________________________

Care counsellor nurse                                                    1913
_________________________________________________________________________________

Technical coordinator (inhalation therapy)                               2246
_________________________________________________________________________________

Respiratory therapy extern                                               4002
_________________________________________________________________________________

Nursing extern                                                           4001
_________________________________________________________________________________

Nursing assistant - Assistant team leader                                3446
_________________________________________________________________________________

Nurse clinician assistant head nurse, nurse clinician assistant
to the immediate superior                                                1912
_________________________________________________________________________________

Nurse clinician                                                          1911
_________________________________________________________________________________

Nurse clinician (Institut Pinel)                                         1907
_________________________________________________________________________________

Clinical nurse specialist                                                1917
_________________________________________________________________________________

Nurse educator                                                           2462
_________________________________________________________________________________

Nurse                                                                    2471
_________________________________________________________________________________

Nurse (Institut Pinel)                                                   2473
_________________________________________________________________________________

Nursing assistant                                                        3455
_________________________________________________________________________________

Nursing assistant team leader                                            3445
_________________________________________________________________________________

Nursing assistant on refresher period                                    3529
_________________________________________________________________________________

Nurse team leader                                                        2459
_________________________________________________________________________________

Outpost/northern clinic nurse                                            2491
_________________________________________________________________________________

Nurse on refresher period                                                2485
_________________________________________________________________________________

Specialty nurse practitioner                                             1915
_________________________________________________________________________________

Nurse surgical first assistant                                           1916
_________________________________________________________________________________

Respiratory therapist                                                    2244
_________________________________________________________________________________

Clinical perfusionist                                                    2287
_________________________________________________________________________________

Child nurse/baby nurse                                                   3461
_________________________________________________________________________________    

2003, c. 25, Sch. 1; Decision dated 22 May 2014, (2014) 146 G.O. 2, 1571.

SCHEDULE 2

PARATECHNICAL, AUXILIARY SERVICES AND TRADES PERSONNEL

_________________________________________________________________________________

Job title                                                               Number   
_________________________________________________________________________________

Intervention officer                                                     3545
_________________________________________________________________________________

Intervention officer (Institut Pinel)                                    6436
_________________________________________________________________________________

Medico-legal intervention officer                                        3544
_________________________________________________________________________________

Psychiatric intervention officer                                         3543
_________________________________________________________________________________

Community supervision officer (Institut Pinel)                           3458
_________________________________________________________________________________

Service aide                                                             3244
_________________________________________________________________________________

General helper in a northern institution                                 6415
_________________________________________________________________________________

General helper                                                           6414
_________________________________________________________________________________

Cook’s helper                                                            6299
_________________________________________________________________________________

Assistant stationary engineer                                            6387
_________________________________________________________________________________

Trade apprentice                                                         6375
_________________________________________________________________________________

Rehabilitation assistant                                                 3462
_________________________________________________________________________________

Laboratory or radiology technical assistant                              3205
_________________________________________________________________________________

Health care technical assistant                                          3201
_________________________________________________________________________________

Dental technical assistant                                               3218
_________________________________________________________________________________

Pharmacy technical assistant                                             3212
_________________________________________________________________________________

Senior pharmacy technical assistant                                      3215
_________________________________________________________________________________

Health and social services aide                                          3588
_________________________________________________________________________________

Butcher                                                                  6303
_________________________________________________________________________________

Stretcher bearer                                                         3485
_________________________________________________________________________________

Launderer                                                                6320
_________________________________________________________________________________

Cafeteria cashier                                                        6312
_________________________________________________________________________________

Pipe insulator                                                           6395
_________________________________________________________________________________

Hairdresser                                                              6340
_________________________________________________________________________________

Vehicle driver                                                           6336
_________________________________________________________________________________

Heavy vehicle driver                                                     6355
_________________________________________________________________________________

Shoemaker                                                                6374
_________________________________________________________________________________

Tailor                                                                   6327
_________________________________________________________________________________

Cook                                                                     6301
_________________________________________________________________________________

Draftsperson                                                             6409
_________________________________________________________________________________

Cabinet maker                                                            6365
_________________________________________________________________________________

Electrician                                                              6354
_________________________________________________________________________________

Electrical mechanic                                                      6423
_________________________________________________________________________________

Electronics technician                                                   6370
_________________________________________________________________________________

Tinsmith                                                                 6369
_________________________________________________________________________________

Guard (Institut Pinel)                                                   6346
_________________________________________________________________________________

Guard                                                                    6438
_________________________________________________________________________________

Residence guard                                                          6349
_________________________________________________________________________________

Industrial workshops instructor                                          3585
_________________________________________________________________________________

Handicrafts or occupational therapy instructor                           3598
_________________________________________________________________________________

Workshops instructor (Institut Pinel)                                    3684
_________________________________________________________________________________

Labourer                                                                 6363
_________________________________________________________________________________

Machinist (millwright)                                                   6353
_________________________________________________________________________________

Master electrician                                                       6356
_________________________________________________________________________________

Refrigeration machinery master mechanic                                  6366
_________________________________________________________________________________

Master plumber                                                           6357
_________________________________________________________________________________

Garage mechanic                                                          6380
_________________________________________________________________________________

Stationary engineer                                                      6383
_________________________________________________________________________________

Refrigeration machinery mechanic                                         6352
_________________________________________________________________________________

Millwright                                                               6360
_________________________________________________________________________________

Orthosis and/or prosthesis mechanic                                      3262
_________________________________________________________________________________

Carpenter                                                                6364
_________________________________________________________________________________

Education instructor                                                     3687
_________________________________________________________________________________

Recreation instructor                                                    3699
_________________________________________________________________________________

Cleaner                                                                  6407
_________________________________________________________________________________

Maintenance worker                                                       6373
_________________________________________________________________________________

General caretaker                                                        6388
_________________________________________________________________________________

Baker/pastry cook                                                        6302
_________________________________________________________________________________

Painter                                                                  6362
_________________________________________________________________________________

Plasterer                                                                6368
_________________________________________________________________________________

Plumber or pipe-mechanic                                                 6359
_________________________________________________________________________________

Porter                                                                   6344
_________________________________________________________________________________

Door attendant                                                           6341
_________________________________________________________________________________

Beneficiary attendant (“A” certification)                                3459
_________________________________________________________________________________

Laundry attendant                                                        6398
_________________________________________________________________________________

Message centre attendant                                                 3259
_________________________________________________________________________________

Painting and maintenance attendant                                       6262
_________________________________________________________________________________

Sterilization attendant                                                  3481
_________________________________________________________________________________

Housekeeping attendant (light duty)                                      6335
_________________________________________________________________________________

Housekeeping attendant (heavy duty)                                      6334
_________________________________________________________________________________

Unit and/or pavilion attendant                                           3685
_________________________________________________________________________________

Therapeutic equipment attendant                                          3467
_________________________________________________________________________________

Food service attendant                                                   6386
_________________________________________________________________________________

Transport attendant                                                      3204
_________________________________________________________________________________

Physically handicapped beneficiaries transport attendant                 6418
_________________________________________________________________________________

Elevator attendant                                                       6347
_________________________________________________________________________________

Autopsy attendant                                                        3203
_________________________________________________________________________________

Beneficiary attendant                                                    3480
_________________________________________________________________________________

Animal attendant                                                         3241
_________________________________________________________________________________

Attendant in a northern institution                                      3505
_________________________________________________________________________________

Ophthalmology attendant                                                  3208
_________________________________________________________________________________

Orthopedic attendant                                                     3247
_________________________________________________________________________________

Physiotherapy and/or occupational therapy attendant                      3223
_________________________________________________________________________________

Rehabilitation or industrial occupation attendant 
(psychiatric establishment)                                              3495
_________________________________________________________________________________

Operating room attendant                                                 3449
_________________________________________________________________________________

Senior orthopedic attendant                                              3229
_________________________________________________________________________________

Presser                                                                  6325
_________________________________________________________________________________

Upholsterer                                                              6382
_________________________________________________________________________________

Locksmith                                                                6367
_________________________________________________________________________________

Welder                                                                   6361
_________________________________________________________________________________

Establishment guard                                                      6422
_________________________________________________________________________________

Lifeguard                                                                3679
_________________________________________________________________________________

Class “B” technician                                                     3224
_________________________________________________________________________________

Food technician                                                          6317
_________________________________________________________________________________

Neighbourhood or sector worker                                           3465
_________________________________________________________________________________    

2003, c. 25, Sch. 2; Decision dated 22 May 2014, (2014) 146 G.O. 2, 1571.

SCHEDULE 3

OFFICE PERSONNEL AND ADMINISTRATIVE TECHNICIANS AND PROFESSIONALS

_________________________________________________________________________________

Job title                                                               Number   
_________________________________________________________________________________

Buyer                                                                    5324
_________________________________________________________________________________

Executive assistant                                                      5313
_________________________________________________________________________________

University teaching assistant                                            5320
_________________________________________________________________________________

Administrative officer, Class 1 - clerical sector                        5311
_________________________________________________________________________________

Administrative officer, Class 1 - administrative sector                  5312
_________________________________________________________________________________

Administrative officer, Class 2 - clerical sector                        5314
_________________________________________________________________________________

Administrative officer, Class 2 - administrative sector                  5315
_________________________________________________________________________________

Administrative officer, Class 3 - administrative sector                  5317
_________________________________________________________________________________

Administrative officer, Class 3 - clerical sector                        5316
_________________________________________________________________________________

Administrative officer, Class 4 - administrative sector                  5319
_________________________________________________________________________________

Administrative officer, Class 4 - clerical sector                        5318
_________________________________________________________________________________

Procurement officer                                                      1104
_________________________________________________________________________________

Training officer                                                         1533
_________________________________________________________________________________

Personnel officer                                                        1101
_________________________________________________________________________________

Finance officer                                                          1105
_________________________________________________________________________________

Information officer                                                      1244
_________________________________________________________________________________

Data processing analyst                                                  1123
_________________________________________________________________________________

Specialized data processing analyst                                      1124
_________________________________________________________________________________

Research clerk                                                           5187
_________________________________________________________________________________

Library auxiliary                                                        5289
_________________________________________________________________________________

Librarian                                                                1206
_________________________________________________________________________________

Production coordinator                                                   2106
_________________________________________________________________________________

Unit supervising clerk (Institut Pinel)                                  5323
_________________________________________________________________________________

Institution counsellor                                                   1106
_________________________________________________________________________________

Building consultant                                                      1115
_________________________________________________________________________________

Storekeeper                                                              5141
_________________________________________________________________________________

Offset duplicator operator                                               5119
_________________________________________________________________________________

Data processing operator, class 1                                        5108
_________________________________________________________________________________

Data processing operator, class 2                                        5111
_________________________________________________________________________________

Braille production system operator                                       5130
_________________________________________________________________________________

Reception attendant                                                      3251
_________________________________________________________________________________

Audiovisual attendant                                                    3245
_________________________________________________________________________________

Storeroom attendant                                                      5117
_________________________________________________________________________________

Bookbinder                                                               5345
_________________________________________________________________________________

Legal secretary                                                          5321
_________________________________________________________________________________

Medical secretary                                                        5322
_________________________________________________________________________________

Audiovisual specialist                                                   1661
_________________________________________________________________________________

Administrative processes specialist                                      1109
_________________________________________________________________________________

Contributions technician                                                 2102
_________________________________________________________________________________

Administrative technician                                                2101
_________________________________________________________________________________

Graphic arts technician                                                  2333
_________________________________________________________________________________

Audiovisual technician                                                   2258
_________________________________________________________________________________

Building service technician                                              2374
_________________________________________________________________________________

Communications technician                                                2275
_________________________________________________________________________________

Documentation technician                                                 2356
_________________________________________________________________________________

Industrial electricity technician                                        2370
_________________________________________________________________________________

Electro-mechanic technician                                              2371
_________________________________________________________________________________

Electronics technician                                                   2369
_________________________________________________________________________________

Mechanical fabrication technician                                        2377
_________________________________________________________________________________

Computer technician                                                      2123
_________________________________________________________________________________

Instrumentation and control technician                                   2379
_________________________________________________________________________________

Specialized computer technician                                          2124
_________________________________________________________________________________

Translator                                                               1241
_________________________________________________________________________________    

2003, c. 25, Sch. 3; 2005, c. 32, s. 308; Decision dated 22 May 2014, (2014) 146 G.O. 2, 1571.

SCHEDULE 4

HEALTH AND SOCIAL SERVICES TECHNICIANS AND PROFESSIONALS

_________________________________________________________________________________

Job title                                                               Number   
_________________________________________________________________________________

Hearing deficiencies training officer                                    1534
_________________________________________________________________________________

Behavioral officer                                                       1559
_________________________________________________________________________________

Planning, programming and research officer                               1565
_________________________________________________________________________________

Human relations officer                                                  1553
_________________________________________________________________________________

Integration officer                                                      2688
_________________________________________________________________________________

Educational techniques officer                                           1651
_________________________________________________________________________________

Social aide                                                              2588
_________________________________________________________________________________

Medical records archivist (team leader)                                  2282
_________________________________________________________________________________

Medical records archivist                                                2251
_________________________________________________________________________________

Pathology assistant                                                      2203
_________________________________________________________________________________

Assistant head of archives                                               2242
_________________________________________________________________________________

Assistant head physiotherapist                                           1236
_________________________________________________________________________________

Assistant head dietetics technician                                      2240
_________________________________________________________________________________

Assistant head medical electro-physiology technician                     2236
_________________________________________________________________________________

Assistant head medical technologist, assistant head 
laboratory technician                                                    2234
_________________________________________________________________________________

Assistant head radiology technologist                                    2219
_________________________________________________________________________________

Audiologist                                                              1254
_________________________________________________________________________________

Audiologist-speech therapist                                             1204
_________________________________________________________________________________

Lawyer                                                                   1114
_________________________________________________________________________________

Bacteriologist                                                           1200
_________________________________________________________________________________

Biochemist                                                               1202
_________________________________________________________________________________

Candidate admissible per equivalence (physiotherapy)                     1238
_________________________________________________________________________________

Transfusion safety clinical officer                                      2290
_________________________________________________________________________________

Quality assurance and emergency medical services training 
officer                                                                  2466
_________________________________________________________________________________

Clinical teacher (physiotherapy)                                         1234
_________________________________________________________________________________

Transfusion safety technical officer                                     2291
_________________________________________________________________________________

Head of module                                                           2699
_________________________________________________________________________________

Vocational guidance counsellor (reserved title), counsellor 
in supportive relations                                                  1701
_________________________________________________________________________________

Work adaptability counsellor                                             1703
_________________________________________________________________________________

Maladjusted children counsellor                                          1543
_________________________________________________________________________________

Ethics counsellor                                                        1538
_________________________________________________________________________________

Genetic counsellor                                                       1539
_________________________________________________________________________________

Health promotion counsellor                                              1121
_________________________________________________________________________________

Technical coordinator (laboratory)                                       2227
_________________________________________________________________________________

Technical coordinator (radiology)                                        2213
_________________________________________________________________________________

Medical electro-physiology technical coordinator                         2276
_________________________________________________________________________________

Biomedical engineering technical coordinator                             2277
_________________________________________________________________________________

Criminologist                                                            1544
_________________________________________________________________________________

Cyto-technologist                                                        2271
_________________________________________________________________________________

Dietician - Nutritionist                                                 1219
_________________________________________________________________________________

Educator                                                                 2691
_________________________________________________________________________________

Physical educator / kinesiologist                                        1228
_________________________________________________________________________________

Occupational therapist                                                   1230
_________________________________________________________________________________

Medical technology extern                                                4003
_________________________________________________________________________________

Genagogist                                                               1540
_________________________________________________________________________________

Dental hygienist, dental hygiene technician                              2261
_________________________________________________________________________________

Occupational hygienist                                                   1702
_________________________________________________________________________________

Medical illustrator                                                      2253
_________________________________________________________________________________

Biomedical engineer                                                      1205
_________________________________________________________________________________

Clinical instructor (laboratory)                                         2232
_________________________________________________________________________________

Clinical instructor (radiology)                                          2214
_________________________________________________________________________________

Pastoral facilitator                                                     1552
_________________________________________________________________________________

Child care worker                                                        1660
_________________________________________________________________________________

Dispensing optician                                                      2363
_________________________________________________________________________________

Community organizer                                                      1551
_________________________________________________________________________________

Ortho-pedagogist                                                         1656
_________________________________________________________________________________

Speech therapist                                                         1255
_________________________________________________________________________________

Orthoptist                                                               2259
_________________________________________________________________________________

Medical photographer                                                     2254
_________________________________________________________________________________

Physiotherapist                                                          1233
_________________________________________________________________________________

Psycho-educator, psycho-social rehabilitation specialist                 1652
_________________________________________________________________________________

Psychologist, human behavior therapist (reserved title)                  1546
_________________________________________________________________________________

Psycho-technician                                                        2273
_________________________________________________________________________________

Recreologist                                                             1658
_________________________________________________________________________________

Living unit or rehabilitation supervisor                                 2694
_________________________________________________________________________________

Reviser                                                                  1570
_________________________________________________________________________________

Sexologist                                                               1572
_________________________________________________________________________________

Clinical sexologist                                                      1573
_________________________________________________________________________________

Sociologist                                                              1554
_________________________________________________________________________________

Sociotherapist (Institut Pinel)                                          2697
_________________________________________________________________________________

Clinical specialist in laboratory medicine                               1291
_________________________________________________________________________________

Clinical activities specialist                                           1407
_________________________________________________________________________________

Care evaluation specialist                                               1521
_________________________________________________________________________________

Orientation and mobility specialist                                      1557
_________________________________________________________________________________

Specialist in rehabilitation for the visually impaired                   1560
_________________________________________________________________________________

Biological and health physics science specialist                         1207
_________________________________________________________________________________

Graduate medical laboratory technician                                   2224
_________________________________________________________________________________

Braille technician                                                       2360
_________________________________________________________________________________

Dental technician                                                        2262
_________________________________________________________________________________

Social assistance technician                                             2586
_________________________________________________________________________________

Clinical cytogenetics technician                                         2284
_________________________________________________________________________________

Dietetics technician                                                     2257
_________________________________________________________________________________

Specialized education technician                                         2686
_________________________________________________________________________________

Electrodynamics technician                                               2381
_________________________________________________________________________________

Electro-encephalography (EEG) technician                                 2241
_________________________________________________________________________________

Medical electro-physiology technician                                    2286
_________________________________________________________________________________

Biomedical engineering technician                                        2367
_________________________________________________________________________________

Gerontology technician                                                   2285
_________________________________________________________________________________

Horticulture technician                                                  2280
_________________________________________________________________________________

Industrial hygiene technician                                            2702
_________________________________________________________________________________

Recreation technician                                                    2696
_________________________________________________________________________________

Orthosis-prosthesis technician                                           2362
_________________________________________________________________________________

Cardio-respiratory physiology technician                                 2270
_________________________________________________________________________________

Prevention technician                                                    2368
_________________________________________________________________________________

Psycho-social research technician                                        2584
_________________________________________________________________________________

Hemodynamics technologist                                                2278
_________________________________________________________________________________

Medical technologist                                                     2223
_________________________________________________________________________________

Nuclear medicine technologist                                            2208
_________________________________________________________________________________

Radio-diagnostic technologist                                            2205
_________________________________________________________________________________

Radiology technologist (Information and digital imaging system)          2222
_________________________________________________________________________________

Radiotherapy technologist                                                2207
_________________________________________________________________________________

Specialized radiology technologist                                       2212
_________________________________________________________________________________

Physical rehabilitation therapist                                        2295
_________________________________________________________________________________

Art therapist                                                            1258
_________________________________________________________________________________

Community worker                                                         2375
_________________________________________________________________________________

Professional social worker, social work officer (reserved title)         1550
_________________________________________________________________________________        

2003, c. 25, Sch. 4; Decision dated 22 May 2014, (2014) 146 G.O. 2, 1571.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 25 of the statutes of 2003, in force on 1 March 2004, is repealed, except section 96, effective from the coming into force of chapter U-0.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 12 to 51 of chapter 25 of the statutes of 2003, in force on 1 March 2006, are repealed effective from the coming into force of the updating to 1 March 2006 of chapter U-0.1 of the Revised Statutes.