R-20 - Act respecting labour relations, vocational training and workforce management in the construction industry

Section 101 Disposition versions

2011-12-02

101. No person may intimidate, threaten or coerce a person or discriminate or take reprisals against a person with the aim or effect of infringing on the person’s freedom of association, penalizing the person for choosing a union affiliation or becoming a member of a union, compelling the person to become, abstain from becoming or cease being a member or officer of an association, penalizing the person for having exercised a right under this Act or inciting the person to forfeit such a right.

Any person who, for the purposes or reasons stated in the first paragraph, does any of the following contravenes that paragraph:

(a)  refuses to employ, dismisses or threatens to dismiss a person;

(b)  imposes a disciplinary penalty on an employee, reduces his workload, demotes him, denies him a promotion he would normally be entitled to, or shows favouritism toward him when transferring employees or assigning work.

As well, a person intimidates another person when the person pressures a third party in any way to do any of the actions prohibited by the first paragraph.

1968, c. 45, s. 38; 1975, c. 50, s. 4; 2005, c. 42, s. 11; 2011, c. 30, s. 53.

2005-12-13

101. No person may intimidate, threaten or coerce a person or discriminate or take reprisals against a person with the aim or effect of infringing on the person’s freedom of association, penalizing the person for choosing a union affiliation or becoming a member of a union, compelling the person to become, abstain from becoming or cease being a member or officer of an association, penalizing the person for having exercised a right under this Act or inciting the person to forfeit such a right.

Any person who, for the purposes or reasons stated in the first paragraph, does any of the following contravenes that paragraph:

(a)  refuses to employ, dismisses or threatens to dismiss a person;

(b)  imposes a disciplinary penalty on an employee, reduces his workload, demotes him, denies him a promotion he would normally be entitled to, or shows favouritism toward him when transferring employees or assigning work.

An association that acts in an arbitrary or discriminatory manner when making employment references with respect to employees it represents also contravenes the first paragraph.

As well, a person intimidates another person when the person pressures a third party in any way to do any of the actions prohibited by the first paragraph.

1968, c. 45, s. 38; 1975, c. 50, s. 4; 2005, c. 42, s. 11.

1977-12-31

101. No employer shall endeavour to intimidate a person:

(a)  because he is a member of an association of employees or an officer of such an association;

(b)  to compel him to become a member or abstain from becoming a member of an association of employees or an officer of such an association; or

(c)  to incite him to leave one association of employees to become a member of another.

Such prohibition shall apply to the employer, to the persons acting on his behalf and to the employers’ associations.

Any person who, for the above purposes or reasons, refuses to employ a person or dismisses him, threatens to dismiss him, imposes a disciplinary penalty on him, refuses him a promotion to which he would normally be entitled or has recourse to favouritism in the conduct or the distribution of work is deemed to intimidate such person.

This section shall not have the effect of preventing an employer from not employing, or from laying off, dismissing or transferring an employee for a good and sufficient reason, proof of which shall devolve upon the employer.

1968, c. 45, s. 38; 1975, c. 50, s. 4.