R-8.2 - Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors

À jour au 22 octobre 1999

Ce document a valeur officielle.

chapter R-8.2

Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors

CHAPTER I SCOPE

1. This Act applies to the negotiation and making of a collective agreement within the meaning of the Labour Code (chapter C-27) between an association of employees within the meaning of the said Code and a school board, a college and an institution. It also applies to the government agencies listed in Schedule C to the extent provided for in Chapter IV and to the public service to the extent provided for in Chapter V.

A school board includes a school board within the meaning of the Education Act (chapter I-13.3) or, subject to section 35, within the meaning of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14) and any other similar body designated by the Government for the application of this Act.

A college means a college within the meaning of the General and Vocational Colleges Act (chapter C-29).

An institution includes a public institution within the meaning of the Act respecting health services and social services (chapter S-4.2), a private institution under agreement within the meaning of the said Act, except a private institution referred to in the second paragraph of section 551 thereof, and every body which provides services to an institution or to users in accordance with the said Act and declared by the Government to be classified, for the application of this Act, as an institution within the meaning of that Act.

An institution also includes a public institution within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5) and a private institution under agreement within the meaning of that Act.

1985, c. 12, s. 1; 1988, c. 84, s. 667; 1992, c. 21, s. 289, s. 375; 1994, c. 23, s. 23.

CHAPTER II

Repealed, 1998, c. 44, s. 51.

1998, c. 44, s. 51.

2. (Repealed).

1985, c. 12, s. 2; 1998, c. 44, s. 51.

3. (Repealed).

1985, c. 12, s. 3; 1998, c. 44, s. 51.

4. (Repealed).

1985, c. 12, s. 4; 1998, c. 44, s. 51.

5. (Repealed).

1985, c. 12, s. 5; 1992, c. 21, s. 375; 1998, c. 44, s. 51.

6. (Repealed).

1985, c. 12, s. 6; 1992, c. 21, s. 375; 1998, c. 44, s. 51.

7. (Repealed).

1985, c. 12, s. 7; 1998, c. 44, s. 51.

8. (Repealed).

1985, c. 12, s. 8; 1998, c. 44, s. 51.

9. (Repealed).

1985, c. 12, s. 9; 1998, c. 44, s. 51.

10. (Repealed).

1985, c. 12, s. 10; 1998, c. 44, s. 51.

11. (Repealed).

1985, c. 12, s. 11; 1998, c. 44, s. 51.

12. (Repealed).

1985, c. 12, s. 12; 1998, c. 44, s. 51.

13. (Repealed).

1985, c. 12, s. 13; 1998, c. 44, s. 51.

14. (Repealed).

1985, c. 12, s. 14; 1998, c. 44, s. 51.

15. (Repealed).

1985, c. 12, s. 15; 1998, c. 44, s. 51.

16. (Repealed).

1985, c. 12, s. 16; 1998, c. 44, s. 51.

17. (Repealed).

1985, c. 12, s. 17; 1998, c. 44, s. 51.

18. (Repealed).

1985, c. 12, s. 18; 1998, c. 44, s. 51.

19. (Repealed).

1985, c. 12, s. 19; 1992, c. 21, s. 375; 1998, c. 44, s. 51.

20. (Repealed).

1985, c. 12, s. 20; 1998, c. 44, s. 51.

21. (Repealed).

1985, c. 12, s. 21; 1998, c. 44, s. 51.

22. (Repealed).

1985, c. 12, s. 22; 1998, c. 44, s. 51.

23. (Repealed).

1985, c. 12, s. 23; 1998, c. 44, s. 51.

24. (Repealed).

1985, c. 12, s. 24; 1998, c. 44, s. 51.

CHAPTER III COLLECTIVE AGREEMENTS OF THE EDUCATION AND SOCIAL AFFAIRS SECTORS

DIVISION I GENERAL PROVISION

25. The clauses of a collective agreement binding between an association of employees and a school board, a college or an institution shall be negotiated and agreed by unions and management at the national level or at the local or regional level in accordance with the provisions of this chapter.

1985, c. 12, s. 25; 1992, c. 21, s. 375.

DIVISION II ORGANIZATION OF THE PARTIES

§ 1 . — The unions

26. Every association of employees that belongs to a group of associations of employees shall negotiate and agree the clauses contemplated in section 44 through a bargaining agent appointed by that group.

A group of associations of employees includes a union, federation, confederation, legal person, labour body or other organization which an association of employees representing persons employed by a school board, a college or an institution joins, or to which it belongs or is affiliated.

1985, c. 12, s. 26; 1992, c. 21, s. 375; 1999, c. 40, s. 248.

27. Every association of employees that does not belong to a group of associations of employees shall negotiate and agree the clauses contemplated in section 44 as well as those contemplated in sections 57 and 58 that are applicable to the employees that it represents, through a bargaining agent appointed by that association.

1985, c. 12, s. 27.

28. The clauses negotiated and agreed by a group of associations of employees are binding on every new association of employees that affiliates to that group while the clauses contemplated in section 44 are in effect.

1985, c. 12, s. 28.

29. For the purposes of the negotiation of a collective agreement binding between an association of employees and a school board or a college, the following classes of personnel shall form separate groups:

(1)  the teachers employed by the school boards or, as the case may be, by the colleges;

(2)  the non-teaching professional staff;

(3)  the support staff.

1985, c. 12, s. 29.

§ 2 . — Management

1.  — The education sector

30. In the education sector, the following committees are established:

(1)  a management negotiating committee for French language school boards;

(2)  a management negotiating committee for English language school boards;

(3)  a management negotiating committee for the colleges.

1985, c. 12, s. 30; 1988, c. 84, s. 668; 1997, c. 47, s. 66.

31. The committees established under section 30 shall be composed of persons appointed by the Minister of Education and persons appointed, as the case may be, by the group of school boards contemplated in paragraph 1 of section 30, the group of school boards contemplated in paragraph 2 of the said section or the group of colleges.

A group of school boards or a group of colleges includes an association, federation or other organization to which the majority of the school boards contemplated in paragraph 1 of section 30 or of the school boards contemplated in paragraph 2 of the said section, or of the colleges, belong and which is considered to be representative of such school boards or colleges by the Minister of Education, if it is not already recognized as such by law.

1985, c. 12, s. 31; 1988, c. 41, s. 88; 1993, c. 51, s. 46; 1994, c. 16, s. 50.

32. The members shall designate, in each committee, a chairman and a vice-chairman, one of whom shall be chosen from among the members appointed by the group and the other from among the members appointed by the Minister.

The members shall agree in writing on the mode of operation of the committee and on the determination of the matters in respect of which the representatives of the group or the representatives of the Minister have a casting vote at deliberations of the committee.

Similarly, they shall agree on the mode of financing of the committee, the term of office of the members and, where such is the case, their remuneration and that of the agents of the committee.

The signature of the chairman of the Conseil du trésor shall confirm the commitment of the Government with respect to an agreement under this section.

1985, c. 12, s. 32.

33. The committees shall be responsible, under the authority delegated by the Government to the Minister of Education, for the negotiation and agreement of the clauses contemplated in section 44. For that purpose, they shall prepare draft bargaining proposals, require bargaining mandates from the Conseil du trésor and, within the scope of the mandates determined by the latter, organize, direct and co-ordinate the negotiations carried on by the management party with the groups of associations of employees or, as the case may be, with the associations of employees.

1985, c. 12, s. 33; 1988, c. 41, s. 88; 1993, c. 51, s. 47; 1994, c. 16, s. 50.

34. The clauses negotiated and agreed by a committee shall be signed by the Minister and the chairman and vice-chairman of the committee.

The clauses are binding on all the school boards contemplated in paragraph 1 of section 30, all the school boards contemplated in paragraph 2 of section 30, or all the colleges, as the case may be.

1985, c. 12, s. 34.

35. Two management negotiating committees are established for the Cree School Board and the Kativik School Board.

The committees shall consist of persons appointed by the Minister of Education and by the school board. Sections 32 to 34 are applicable to them, with the necessary modifications.

The function of the committees is to negotiate and agree, taking into account sections 597 and 668 of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), the clauses negotiated and agreed in accordance with sections 44 to 51 as well as those that are contemplated in sections 57 and 58 and that are applicable to the school boards.

The Cree School Board, the Kativik School Board and the associations of employees representing the employees of the school boards are bound by the clauses concerning salaries and salary scales that are negotiated and agreed at the national level and determined under sections 52 to 56.

1985, c. 12, s. 35; 1988, c. 84, s. 699; 1993, c. 51, s. 48; 1994, c. 16, s. 50.

2.  — The social affairs sector

36. A management negotiating committee and six management negotiating subcommittees shall be established in the social affairs sector.

The management negotiating committee for the social affairs sector shall consist of the chairmen and vice-chairmen of the management subcommittees, of the other members designated according to the procedure agreed by those persons and of a chairman.

Each subcommittee shall consist of persons appointed by the Minister of Health and Social Services and of persons appointed by the group of institutions that are representative of any of the following classes of institutions:

(1)  public institutions operating a hospital centre governed by the Act respecting health services and social services (chapter S-4.2) and those operating a hospital centre belonging to the class of short-term care hospital centres governed by the Act respecting health services and social services for Cree Native persons (chapter S-5);

(2)  public institutions operating a residential and long-term care centre governed by the Act respecting health services and social services and those operating a hospital centre belonging to the class of long-term care hospital centres and a reception centre belonging to the class of residential centres governed by the Act respecting health services and social services for Cree Native persons;

(3)  public institutions operating a local community service centre governed by the Act respecting health services and social services and those operating a local community service centre governed by the Act respecting health services and social services for Cree Native persons;

(4)  public institutions operating a rehabilitation centre governed by the Act respecting health services and social services and those operating a reception centre belonging to the class of rehabilitation centres governed by the Act respecting health services and social services for Cree Native persons;

(5)  institutions operating a child and youth protection centre governed by the Act respecting health services and social services and those operating a social service centre governed by the Act respecting health services and social services for Cree Native persons;

(6)  private institutions under agreement governed by the Act respecting health services and social services and private institutions under agreement governed by the Act respecting health services and social services for Cree Native persons.

1985, c. 12, s. 36; 1985, c. 23, s. 24; 1992, c. 21, s. 290, s. 375; 1994, c. 23, s. 23.

37. A group of institutions includes an association, union, federation or other organization to which the majority of the institutions of a class belongs and which is considered to be representative of such class by the Minister of Health and Social Services, if it is not already recognized as such by law.

1985, c. 12, s. 37; 1985, c. 23, s. 24; 1992, c. 21, s. 375.

38. The members of the committee and the members of each subcommittee shall designate, respectively, a chairman and a vice-chairman, one of whom is chosen from among the persons designated by the groups of institutions and the other from among the persons designated by the Minister.

The members shall agree in writing on the mode of operation of the committee or subcommittee and on the determination of the matters in respect of which the representatives of the groups or the representatives of the minister have a casting vote at deliberations of the committee or subcommittee.

Similarly, they shall agree on the mode of financing of the committee or subcommittee, the term of office of the members and, where such is the case, on their remuneration and that of the agents of the committee or subcommittee.

The signature of the chairman of the Conseil du trésor shall confirm the commitment of the Government with respect to an agreement under this section.

1985, c. 12, s. 38; 1992, c. 21, s. 375.

39. The management negotiating committee shall be responsible, under the authority delegated to the Minister of Health and Social Services by the Government, for the negotiation and agreement of those of the clauses contemplated in section 44 defined by management subcommittees, with the consent of the unions, as clauses to be negotiated and agreed for all the institutions or for more than one class of institutions.

A management negotiating subcommittee shall be responsible, under the authority delegated to the Minister of Health and Social Services by the Government, for the negotiation and agreement, for the class of institutions that it represents, of the clauses contemplated in section 44.

1985, c. 12, s. 39; 1985, c. 23, s. 24; 1992, c. 21, s. 375.

40. For the negotiation of the clauses within their competence, the management committee and subcommittees shall prepare draft bargaining proposals, require bargaining mandates from the Conseil du trésor and, within the scope of the mandates determined by the latter, organize, direct and co-ordinate the negotiations carried on by the management party with the groups of associations of employees or, as the case may be, with the associations of employees.

1985, c. 12, s. 40.

41. The clauses negotiated and agreed by the management negotiating committee shall be signed by the Minister and by the chairman and vice-chairman of the committee. They are binding on the institutions of the classes concerned.

The clauses negotiated and agreed by a subcommittee shall be signed by the Minister of Health and Social Services and by the chairman and the vice-chairman of the subcommittee. They are binding on institutions belonging to the class for which the subcommittee is established.

1985, c. 12, s. 41; 1985, c. 23, s. 24; 1992, c. 21, s. 375.

3.  — The Conseil du trésor

42. In accordance with the guidelines established by the Government, the Conseil du trésor shall

(1)  ensure the orderly progress of the negotiation of the clauses contemplated in section 44, and, for that purpose, may delegate an observer to the negotiating sessions;

(2)  authorize the bargaining mandates of the management committees and subcommittees in those matters that it considers to be of governmental interest, except matters defined as being the subject of clauses negotiated and agreed at the local or regional level under sections 57 and 58;

(3)  exercise, for the purposes of the negotiations contemplated in paragraph 1, the other powers conferred on it by law.

1985, c. 12, s. 42.

43. The Conseil du trésor shall invite the Minister of Education or, as the case may be, the Minister of Health and Social Services, to participate in its deliberations where they deal with the negotiations contemplated in sections 44 and 53.

1985, c. 12, s. 43; 1985, c. 23, s. 24; 1988, c. 41, s. 88; 1993, c. 51, s. 49; 1994, c. 16, s. 50.

DIVISION III MODE OF NEGOTIATION

§ 1 . — Clauses negotiated and agreed at the national level

44. The clauses negotiated and agreed at the national level shall deal with all the matters contained in the collective agreement, except those matters that are defined as being the subject of clauses negotiated and agreed at the local or regional level under sections 57 and 58.

They may also provide for modes of discussion between the parties for the duration of the collective agreement for the purpose of resolving difficulties.

1985, c. 12, s. 44.

45. The clauses negotiated and agreed at the national level may be the subject of arrangements negotiated and agreed at the local or regional level in accordance with section 70.

1985, c. 12, s. 45.

46. At the request of either party, the Minister of Labour shall entrust a mediator with attempting to settle a dispute on matters that are the subject of a clause negotiated and agreed at the national level, except salaries and salary scales.

In the social affairs sector, the request to the Minister shall be made by a management negotiating subcommittee or by the union negotiating with the subcommittee. The dispute to be settled by the appointed mediator shall include all matters contemplated in section 44 concerning the institutions represented by the subcommittee, except salaries and salary scales.

1985, c. 12, s. 46; 1992, c. 21, s. 375; 1994, c. 12, s. 66; 1996, c. 29, s. 43.

47. If no agreement is reached within sixty days after the date of his appointment, the mediator shall transmit to the parties a report containing his recommendations on the dispute.

The report shall be made public unless an agreement on the dispute has been reached.

The period provided for in the first paragraph may be extended with the consent of the parties.

1985, c. 12, s. 47.

48. The parties may agree on a procedure of mediation other than that provided in sections 46 and 47. They may, in particular, appeal to a board of mediation or a public interest group.

A third party designated under the first paragraph shall make to the parties a report of its recommendations on the dispute within the time limit they determine.

The report shall be made public unless an agreement on the dispute has been reached.

1985, c. 12, s. 48.

49. In case of a dispute on a matter that is the subject of a clause negotiated and agreed at the national level, the parties may also agree to make a joint report on the subject of their dispute and make it public.

1985, c. 12, s. 49.

50. Every person or group by whom or which a report is made public pursuant to section 47, 48 or 49 shall, on the same day, give a written notice thereof to the Minister of Labour.

The Minister shall, without delay, inform the parties of the date he received the notice.

1985, c. 12, s. 50; 1994, c. 12, s. 66; 1996, c. 29, s. 43.

51. The conditions of employment provided for under clauses negotiated and agreed at the national level shall continue to apply, notwithstanding their expiry, until the coming into force of new clauses negotiated and agreed at the national level.

1985, c. 12, s. 51.

§ 2 . — Salaries and salary scales

52. The clauses of the collective agreement which deal with salaries and salary scales shall be negotiated and agreed at the national level for a period ending, at the latest, on the last day of the year in the course of which an agreement concerning such clauses has been reached at the national level.

For each of the two years following the year for which the clauses are applicable, the salaries and salary scales shall be determined in accordance with the provisions which follow.

1985, c. 12, s. 52.

53. After publication by the Institut de la statistique du Québec of the report provided for in section 4 of the Act respecting the Institut de la statistique du Québec (chapter I-13.011), the Conseil du trésor, in collaboration with the management negotiating committees established under this chapter, shall negotiate with the groups of associations of employees or, as the case may be, the associations of employees in view of reaching an agreement on the determination of the salaries and salary scales.

1985, c. 12, s. 53; 1998, c. 44, s. 52.

54. The chairman of the Conseil du trésor shall, each year, during the second or third week in March, table in the National Assembly a draft regulation fixing the salaries and salary scales for the current year.

If the National Assembly is not sitting during the second or third week in March, the chairman of the Conseil du trésor shall cause the draft to be published during those weeks in the Gazette officielle du Québec.

The draft regulation shall be accompanied with a notice that it will be submitted to the Government, for adoption with or without amendment, during the second or third week in April.

In no case may the draft regulation be submitted to the Government for adoption until the parties have been invited to a hearing on its content before a Parliamentary Committee.

1985, c. 12, s. 54.

55. The salaries and salary scales applicable for the current year are those provided for in the regulation adopted by the Government during the second or third week in April. In no case may the salaries and salary scales be lower than those of the preceding year.

The regulation shall come into force on the date of its adoption and shall have effect throughout the current year. It shall be published in the Gazette officielle du Québec.

1985, c. 12, s. 55.

56. Once fixed by regulation, the salaries and salary scales shall form part of the collective agreement and have the same effect as clauses negotiated and agreed at the national level.

1985, c. 12, s. 56.

§ 3 . — Clauses negotiated and agreed at the local or regional level

57. In the social affairs sector and, in the education sector, in respect of the support staff and the non-teaching professional staff of school boards, the matters pertaining to the clauses negotiated and agreed at the local or regional level are those that are defined by the parties in the course of the negotiation of the clauses negotiated and agreed at the national level.

1985, c. 12, s. 57.

58. In the education sector, in respect of the teaching staff, and in the case of colleges, in respect of the non-teaching professional staff, the matters listed in Schedule A are the subject of clauses negotiated and agreed at the local or regional level.

The same applies, in respect of the same classes of personnel, to any other matter defined by the parties in the course of the negotiation of the clauses negotiated and agreed at the national level.

1985, c. 12, s. 58.

59. Every clause dealing with a matter defined as being the subject of clauses negotiated and agreed at the local or regional level has effect until it is amended, repealed or replaced pursuant to an agreement between the parties.

It shall continue to have effect notwithstanding the expiry of the clauses of the collective agreement which are negotiated and agreed at the national level.

1985, c. 12, s. 59.

60. In matters defined as being the subject of clauses negotiated and agreed at the local or regional level, an association of employees and an employer may, at all times, negotiate and agree on the replacement, amendment, addition or repeal of a clause of the collective agreement.

In no case, however, may any negotiation under the first paragraph give rise to a dispute.

1985, c. 12, s. 60.

61. Any agreement made pursuant to section 60 shall be filed in the office of the labour commissioner general in accordance with the first paragraph of section 72 of the Labour Code (chapter C-27). It shall take effect in accordance with provisions set forth in the second paragraph of that section.

In no case may the agreement be the subject of negotiations before the expiry of two years, unless the parties decide to amend it before the lapse of that term.

1985, c. 12, s. 61.

62. If no agreement is reached on a matter that is the subject of clauses negotiated and agreed at the local or regional level, one party may request the Minister of Labour to appoint a mediator-arbitrator in view of the settlement of the disagreement.

1985, c. 12, s. 62; 1994, c. 12, s. 66; 1996, c. 29, s. 43.

63. The mediator-arbitrator shall endeavour to bring the parties to settle their disagreement. For that purpose, he shall meet the parties and, in case of refusal to attend a meeting, give them an opportunity to present their views.

1985, c. 12, s. 63.

64. If a disagreement still subsists sixty days after the appointment of the mediator-arbitrator, the parties may, in common agreement, request the mediator-arbitrator to rule on the subject of the disagreement. If the mediator-arbitrator is then of opinion that a settlement is not likely to be reached by the parties, he shall rule on the question and inform the parties of his decision.

The decision of the mediator-arbitrator is deemed to be an agreement within the meaning of section 60.

1985, c. 12, s. 64.

65. If the mediator-arbitrator makes no decision under section 64, he shall make a report of his recommendations on the subject of the disagreement to the parties.

The mediator-arbitrator shall make the report public ten days after having transmitted it to the parties.

1985, c. 12, s. 65.

66. The parties may agree on any other mode of settlement of a disagreement.

1985, c. 12, s. 66.

67. Any clause negotiated and agreed at the local or regional level has no effect where it modifies the scope of a clause negotiated and agreed at the national level or a clause contemplated in section 56.

The same rule applies to every decision made by a person appointed to rule on the subject of a disagreement pursuant to section 64, section 66 or the second paragraph of section 68.

1985, c. 12, s. 67.

68. Where a clause ceases to have effect by reason of the application of section 67, the parties shall negotiate in view of its replacement.

If a disagreement on the replacement of the clause still subsists sixty days after the appointment of a mediator-arbitrator, one party may request him to rule on the matter that is the subject of the disagreement.

1985, c. 12, s. 68.

69. Except in matters of jurisdiction, no action pursuant to article 33 of the Code of Civil Procedure (chapter C-25) may be taken nor any extraordinary recourse within the meaning of the said Code be exercised, and no provisional remedy may be ordered against the mediator-arbitrator appointed by the Minister under section 62 or section 68.

1985, c. 12, s. 69.

§ 4 . — Local arrangements

70. In the social affairs sector and, in the education sector, in respect of the support staff and in respect of the non-teaching professional staff of the school boards, the parties may, once the collective agreement is in force, agree on local or regional arrangements in view of the implementation or replacement of a clause of the collective agreement negotiated and agreed at the national level on a matter provided for in Schedule B and that is applicable to the institution, to the school board or, as the case may be, to the college.

In addition to what is provided for in the first paragraph, the parties to a collective agreement may also negotiate and agree such arrangements to the extent that a clause negotiated and agreed at the national level provides therefor.

1985, c. 12, s. 70; 1992, c. 21, s. 375.

71. In no case may the negotiation of a local arrangement give rise to a dispute.

1985, c. 12, s. 71.

72. An arrangement agreed upon pursuant to section 70 is without effect where it alters the scope of a clause negotiated and agreed at the national level and which is not subject to a local arrangement.

1985, c. 12, s. 72.

73. Every arrangement agreed upon locally or regionally shall have effect until the date of its replacement or, at the latest, until the coming into force of the new clauses negotiated and agreed at the national level.

1985, c. 12, s. 73.

74. Every arrangement agreed upon locally or regionally shall be filed at the office of the labour commissioner general in accordance with the first paragraph of section 72 of the Labour Code (chapter C-27).

1985, c. 12, s. 74.

CHAPTER IV COLLECTIVE AGREEMENTS IN THE GOVERNMENT AGENCIES SECTOR

75. The clauses of a collective agreement binding between an association of employees and a government agency shall be negotiated and agreed in accordance with this chapter.

1985, c. 12, s. 75.

76. The Government may strike off from Schedule C any agency appearing in it, add to it any agency it has struck off or any other agency. It may also add or strike off a subsidiary of any agency it designates.

1985, c. 12, s. 76.

77. Every association of employees shall negotiate and agree all the clauses of a collective agreement binding between it and a government agency through a bargaining agent appointed by the association.

1985, c. 12, s. 77.

78. Before undertaking the negotiation of a collective agreement with an association of employees, every government agency shall submit to the minister responsible a draft document setting out the general components of a policy on remuneration and conditions of employment.

The Minister shall submit the draft, for approval, to the Conseil du trésor which shall determine, in collaboration with the Minister and the agency, the terms and conditions according to which the orderly progress of the negotiations is ensured.

1985, c. 12, s. 78.

79. The policy on remuneration and conditions of employment approved with or without amendment by the Conseil du trésor, and the terms and conditions determined for ensuring the orderly progress of the negotiations are binding on the agency, and it must comply therewith.

1985, c. 12, s. 79.

80. Every government agency shall negotiate, agree and sign the clauses of a collective agreement within the framework defined in sections 78 and 79.

1985, c. 12, s. 80.

CHAPTER V PROVISIONS APPLICABLE TO THE PUBLIC SERVICE

81. Sections 46 to 56, adapted as required, apply to a collective agreement binding between the Government and an association of employees recognized or certified under sections 64 to 67 of the Public Service Act (chapter F-3.1.1).

1985, c. 12, s. 81.

CHAPTER VI AMENDMENTS TO THE LABOUR CODE

82. (Amendment integrated into c. C-27, s. 1).

1985, c. 12, s. 82.

83. (Amendment integrated into c. C-27, s. 109.1).

1985, c. 12, s. 83.

84. (Amendment integrated into c. C-27, s. 111.0.8).

1985, c. 12, s. 84.

85. (Amendment integrated into c. C-27, s. 111.0.10).

1985, c. 12, s. 85.

86. (Amendment integrated into c. C-27, s. 111.0.12).

1985, c. 12, s. 86.

87. (Amendment integrated into c. C-27, s. 111.6).

1985, c. 12, s. 87.

88. (Amendment integrated into c. C-27, s. 111.8).

1985, c. 12, s. 88.

89. (Amendment integrated into c. C-27, ss. 111.10-111.10.8).

1985, c. 12, s. 89.

90. (Amendment integrated into c. C-27, s. 111.11).

1985, c. 12, s. 90.

91. (Amendment integrated into c. C-27, ss. 111.12-111.14).

1985, c. 12, s. 91.

92. (Amendment integrated into c. C-27, Chapter V.1, Division IV, ss. 111.16-111.20).

1985, c. 12, s. 92.

93. (Amendment integrated into c. C-27, s. 139).

1985, c. 12, s. 93.

94. (Amendment integrated into c. C-27, s. 140.1).

1985, c. 12, s. 94.

95. (Amendment integrated into c. C-27, s. 146.2).

1985, c. 12, s. 95.

CHAPTER VII TRANSITIONAL AND FINAL PROVISIONS

96. The Minister of Labour is responsible for the administration of this Act.

1985, c. 12, s. 96; 1994, c. 12, s. 66; 1996, c. 29, s. 43.

The Minister Responsible for Government Administration and Chair of the Conseil du trésor assumes responsibility for developing and coordinating a global collective negotiation strategy for the government administration. Order in Council 1638-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6513.

97. The provisions of a collective agreement in force on 19 June 1985 or filed in the office of the labour commissioner under section 8 of chapter 45 of the statutes of 1982 shall continue to apply notwithstanding their expiry, in accordance with section 51 or 59, as the case may be.

1985, c. 12, s. 97.

98. For the year 1985, the Institut may, if it considers it appropriate, confine itself, in respect of the findings it is required to publish under section 19, to giving an account of the available surveys, analyses and studies that it considers relevant.

1985, c. 12, s. 98.

99. In any Act, regulation, order, decree, contract collective agreement, or other document, any reference to the Act respecting management and union parties organization in collective bargaining in the sectors of education, social affairs and government agencies (chapter O-7.1) is a reference to this Act or to the equivalent provision of this Act, unless otherwise indicated by the context.

1985, c. 12, s. 99 (part).

100. (This section ceased to have effect on 19 June 1990).

1985, c. 12, s. 100; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

101. (Omitted).

1985, c. 12, s. 101.

SCHEDULE A

LIST OF THE MATTERS NEGOTIATED AND APPROVED AT THE LOCAL OR REGIONAL LEVEL IN THE EDUCATION SECTOR

I — COLLEGES SECTOR

(a) IN RESPECT OF THE TEACHING STAFF

(1) Recognition of local parties

(2) Union dues

(3) Release for union activities (except for union releases at the national level)

(4) Meetings and posting

(5) Information (except information transmitted by the Department)

(6) Labour relations committee

(7) Departments

(8) Selection of teachers

(9) Education committee

(10) Engagement (subject to employment security, priorities of employment and tenure acquisition)

(11) Seniority (subject to calculation for purposes of reassignment)

(12) Disciplinary measures

(13) Leaves for professional activities and leaves without pay (except those provided for parental leaves or leaves for participation in public affairs)

(14) Payment of salary

(15) Moving expenses

(16) Civil liability

(17) Professional improvement (subject to allocated amounts and apportionment of provincial fund)

(18) Hygiene and safety

(19) Placement on reserve

(20) Distribution of work-load

(21) Annual vacations (except quantum)

(22) Grievance and arbitration (only as to matters negotiated locally)

(23) Parking

(24) Savings fund

(25) Sexual harassment

(b) IN RESPECT OF NON-TEACHING PROFESSIONAL STAFF

(1) Recognition of local parties

(2) Union dues

(3) Release for union activities (except for union releases at the national level)

(4) Meetings and posting

(5) Information (except information transmitted by the Department)

(6) Labour relations committee

(7) Practice and professional liability

(8) Educational and professional activities

(9) Education committee

(10) Engagement (subject to employment security, priorities of employment and tenure acquisition)

(11) Seniority (subject to calculation for purposes of reassignment)

(12) Disciplinary measures

(13) Leaves for professional activities and leaves without pay (except those provided for parental leaves or leaves for participation in public affairs)

(14) Method of payment of salary

(15) Moving expenses

(16) Overtime (except quantum)

(17) Professional training and improvement at the local level (subject to allocated amounts and apportionment of the provincial fund destined for the regions)

(18) Hygiene and safety

(19) Work schedule (except quantum)

(20) Transfer

(21) Annual vacations (except quantum)

(22) Grievance and arbitration (only as to matters negotiated locally)

(23) Parking

(24) Savings fund

(25) Sexual harassment

(26) Paid holidays (except quantum)

(27) Contract work

(28) Civil liability

II — SCHOOL BOARDS SECTOR

IN RESPECT OF THE TEACHING STAFF

(1) Recognition of local parties

(2) Communication and posting of union notices

(3) Use of school board premises for union purposes

(4) Documentation

(5) Union prerogatives

(6) Union representative

(7) Deduction of union dues or equivalent dues

(8) Mechanisms of participation

(9) Engagement (subject to employment security, priorities of employment and tenure acquisition)

(10) Personal record

(11) Dismissal and non re-engagement

(12) Resignation and breach of contract

(13) Regulations concerning absences

(14) Leaves without pay (except those provided for parental leaves, for participation in public affairs and for union activities)

(15) Leaves for activities relating to education

(16) Distribution of work days in the calendar year

(17) Hygiene and safety

(18) Payment of salary

(19) Travel expenses

(20) Assignment and transfer procedure

(21) Distribution of duties and responsibilities among the teachers of a school board

(22) Distribution of working hours

(23) Supply teaching, group meetings and meetings with parents

(24) Supervision of arrival and movement of pupils not included in teaching task

(25) Civil liability

(26) Professional improvement (subject to allocated amounts and provincial improvement programs)

(27) Grievance and arbitration (only as to matters negotiated locally)

(28) Savings fund

1985, c. 12, Schedule A.

SCHEDULE B

LIST OF THE MATTERS THAT MAY BE
THE SUBJECT OF ARRANGEMENTS AT THE
LOCAL OR REGIONAL LEVEL

 I -- SOCIAL AFFAIRS SECTOR

       1- Rules of ethics between the parties
       2- Union recognition
       3- Union prerogatives
       4- Union dues
       5- Posting of notices
       6- Conditions governing work by contract entered into by
          the employer
       7- Employee’s record:
          --components of the record
          --employee’s access to his record
       8- Grievance procedure
       9- Arbitration procedure
      10- Duration and conditions of probationary period
      11- Recognition of years of experience
      12- Conditions governing the merger of positions
      13- Vacant temporary position
          --definition
          --required circumstances for filling the position
      14- Conditions governing the setting up of a mobile team
      15- Conditions governing re-assignment within the
          facilities maintained by the institution
      16- Rules applicable to employees on temporary assignment
      17- Rules applicable to voluntary transfer within the
          facilities maintained by the institution, except
          those relating to employees having employment security
          and those relating to remuneration
      18- Bumping procedure
      19- Weekly schedule and hours of work
      20- Conditions governing time compensation for overtime
          work, recall and standby duties, except rates
      21- Paid holidays, except the quantum
      22- Annual vacations, except the quantum and the
          remuneration
      23- Granting of and conditions applicable to a leave
          without pay
      24- Liability insurance
      25- Professional order
      26- Professional practice and liability
      27- Special conditions applicable during transportation
          of users pursuant to the Act respecting health
          services and social services (chapter S-4.2) or
          beneficiaries pursuant to the Act respecting health
          services and social services for Cree Native persons
          (chapter S-5)
      28- Loss or destruction of personal property
      29- Activities outside facilities maintained by an
          institution governed by the Act respecting health
          services and social services with users pursuant to
          that Act or outside an institution governed by the Act
          respecting health services and social services for
          Cree Native persons with beneficiaries
          pursuant to that Act
      30- Rules governing the wearing of required by the
          employer uniforms
      31- Locker room and dressing room
      32- Payment of salary
      33- Establishment of a savings fund
      34- Mode of operation of local committees provided for
          in the collective agreement
      35- Moving allowances, except the quantum


II -- EDUCATION SECTOR

      1) IN THE COLLEGE SECTOR, IN RESPECT OF THE SUPPORT STAFF

          1- Recognition of local parties
          2- Union security
          3- Union dues
          4- Release for union activities (except releases at
             the national level)
          5- Meetings and posting
          6- Information (except information transmitted by the
             Department)
          7- Labour relations committee
          8- Education committee
          9- Engagement (subject to employment security,
             priorities of employment and tenure acquisition)
         10- Seniority (subject to calculation for purposes of
             re-assignment)
         11- Disciplinary measures
         12- Leave without pay (except those provided for
             parental leaves and for participation in public
             affairs)
         13- Payment of salary
         14- Civil liability
         15- Work schedule (except quantum)
         16- Overtime work (except quantum)
         17- Professional training and improvement (subject to
             allocated amounts)
         18- Hygiene and safety
         19- Clothes and uniforms
         20- Temporary lay-off
         21- Annual vacation (except the quantum)
         22- Grievance and arbitration (only as to matters
             negotiated locally)
         23- Parking
         24- Savings fund
         25- Sexual harassment
         26- Paid holidays (except the quantum)
         27- Contract work

      2) SCHOOL BOARDS SECTOR

         (a) In respect of the non-teaching professional staff

              1- Communication and posting of union notices
              2- Use of school board premises
              3- Documentation
              4- Union prerogatives
              5- Union representative
              6- Deduction of union dues or equivalent
                 deductions
              7- Consultation mechanism
              8- Engagement (subject to employment security,
                 priorities of employment and tenure
                 acquisition)
              9- Personal record and disciplinary measures
             10- Dismissal, non re-engagement, breach of
                 contract and resignation
             11- Regulations concerning absences
             12- Leaves without pay
             13- Leaves for education related activities
             14- Work schedule
             15- Hygiene and safety
             16- Payment of salary
             17- Travel expenses
             18- Assignment and transfer
             19- Staggering of paid holidays

             20- Civil liability
             21- Professional improvement (except quantum and
                 regional improvement)
             22- Grievance and arbitration (only as to matters
                 negotiated locally)
             23- Contract work
             24- Annual vacation (except quantum)
             25- Savings fund
             26- Overtime (except quantum)

         (b) In respect of the support staff

              1- Posting
              2- Union meetings and use of premises
              3- Documentation
              4- Union prerogatives
              5- Union representation
              6- Union dues
              7- Labour relations committee (participation)
              8- Disciplinary measures
              9- Leaves without pay
             10- Work schedule
             11- Hygiene and safety
             12- Payment of remuneration
             13- Travel expenses
             14- Transfer of personnel (subject to job
                 security, job priority and acquisition of
                 permanent status)
             15- Distribution of paid holidays
             16- Professional improvement (except quantum)
             17- Civil liability
             18- Grievance and arbitration (only as to matters
                 negotiated locally)
             19- Contract work
             20- Annual vacation (except quantum)
             21- Savings fund
             22- Clothing and uniforms
             23- Overtime (except quantum)

1985, c. 12, Schedule B; 1992, c. 21, s. 291, s. 375; 1994, c. 40, s. 457; 1994, c. 23, s. 23.

SCHEDULE C

LIST OF GOVERNMENT AGENCIES

— The Commission de la construction du Québec

— The Commission des droits de la personne et des droits de la jeunesse

— The Commission des services juridiques

— The Conseil de la santé et des services sociaux de Lanaudière et des Laurentides

— The Conseil de la santé et des services sociaux de la région de Montréal métropolitain

— The Conseil de la santé et des services sociaux de la région de Québec

— The Conseil de la santé et des services sociaux de la région de Trois-Rivières

— The Conseil de la santé et des services sociaux de la région d’Abitibi-Témiscamingue

— Héma-Québec

— Hydro-Québec

— The Institut national de santé publique du Québec

— The legal aid centres

— The Régie de l’énergie

— The Régie des installations olympiques

— The Société de télédiffusion du Québec

— The Société des alcools du Québec

— The Société des loteries du Québec

— The Société des traversiers du Québec

— The Sûreté du Québec

1985, c. 12, Schedule C; 1986, c. 89, s. 50; O.C. 791-86 of 04-06-86, (1986) 118 G.O. 2 (French), 2085; 1990, c. 46, s. 47; 1992, c. 44, s. 70; 1995, c. 27, s. 19; 1996, c. 23, s. 54; 1996, c. 20, s. 36; 1996, c. 61, s. 130; 1997, c. 63, s. 120; 1998, c. 41, s. 75; 1998, c. 42, s. 47.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 12 of the statutes of 1985, in force on 1 September 1985, is repealed, except section 101, effective from the coming into force of chapter R-8.2 of the Revised Statutes.