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

À jour au 24 août 2005

Ce document a valeur officielle.

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 regional board.

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.

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 Commission des relations du travail in accordance with section 61 of that Act, the Commission notifies the Minister, indicating the names of the parties and the bargaining unit concerned.

2003, c. 25, s. 38.

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 one of the offices of the Commission des relations du travail.

Upon receipt of the decision of the mediator-arbitrator, the Commission notifies the Minister, indicating the names of the parties and the bargaining unit concerned.

2003, c. 25, s. 45.

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 of its filing in duplicate, or the filing of two true copies, with one of the offices of the Commission des relations du travail.

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.

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 to the immediate superior (nurse)                    2487, 2488

Assistant head nurse                                           2468

Baccalaureate assistant head nurse                             1902, 1906

Nursing unit assistant head nurse                              2467

Assistant head respiratory therapist 
or assistant head pulmonary function 
technician                                                     2248

Candidate to the nursing profession                            2475, 2476

Nurse candidate admissible per equivalence                     2477, 2478

Clinical teacher (inhalation therapy)                          2247

Technical coordinator (inhalation therapy)                     2246

Respiratory therapy extern                                     4002

Nursing extern                                                 4001

Nurse                                                          2471, 2472, 2474

Nurse — Institut Pinel                                         2473

Nursing assistant or graduate auxiliary                        3448, 3455

Nursing assistant or graduate auxiliary 
(assistant team leader)                                        3446

Nursing assistant or graduate auxiliary 
(team leader)                                                  3445

Nursing assistant or graduate auxiliary 
on refresher period                                            3529, 3530

Nurse (organized team work)                                    2458, 2459

Nurse on refresher period (5 years and +)                      2485, 2486

Assistant to the immediate superior 
(baccalaureate nurse)                                          1904, 1905

Baccalaureate nurse                                            1901, 1903

Baccalaureate nurse — Institut Pinel                           1907

Respiratory technician or pulmonary function technician        2244

Nurse educator                                                 2462, 2464

Perfusionist                                                   2268, 2288

Child nurse/baby nurse                                         3461

Extra-corporal circulation technician                          2267            

2003, c. 25, Sch. 1.

SCHEDULE 2

Paratechnical, Auxiliary Services and Trades Personnel

________________________________________________________________________________

JOB TITLE                                                      NUMBER 
________________________________________________________________________________

Community supervision officer                                  3458

Intervention officer — Institut Pinel                          6436

Intervention officer                                           3545

Living unit officer                                            3594

Diet helper                                                    6319

Service aide                                                   3243

Kitchen helper                                                 6309

General helper                                                 6414

General helper in a northern institution                       6415

Heavy vehicle driver helper                                    6405

Roofer helper apprentice                                       6399

Cook’s helper                                                  6304

Assistant stationary engineer                                  6387

Assistant perfusionist                                         3268

Trade apprentice                                               6375

Dietetics assistant                                            6381

Rehabilitation assistant                                       3468

Laboratory or radiology technical assistant                    3205, 3210

Health care technical assistant                                3201, 3202

Oral surgery technical assistant                               3206

Dental technical assistant                                     3207, 3217

Pharmacy technical assistant                                   3212

Operating room technical assistant                             3451

Senior pharmacy technical assistant                            3215

Home care auxiliary                                            3591, 3592

Diet auxiliary                                                 6318

Family and social auxiliary                                    3589, 3590

Butcher                                                        6303

Stretcher bearer                                               3485

Launderer                                                      6320, 6420

Cafeteria cashier                                              6312

Pipe insulator                                                 6395

Chief cook                                                     6337

Hairdresser                                                    6340

Pharmacy clerk                                                 3249

Commissionaire                                                 3260

Janitor                                                        6351, 6385

Vehicle driver                                                 6336, 6400

Heavy vehicle driver                                           6355

Shoemaker                                                      6374

Tailor                                                         6327

Roofer-tinsmith                                                6391

Cook                                                           6300, 6301

Draftsperson                                                   6409

Cabinet maker                                                  6365

Electrician                                                    6354

Electronics technician (high school diploma)                   6370

Cosmetologist                                                  6406

Tinsmith                                                       6369

Florist                                                        6358

Guard — Institut Pinel                                         6346

Residence guard                                                6349

Security guard                                                 6338, 6401

Industrial workshops instructor                                3585

Shoemaking instructor                                          3574

Sewing instructor                                              3627

Cooking instructor                                             3683

Workshops instructor                                           3684

Cabinetmaking instructor                                       3694

Shipping instructor                                            3597

Horticulture instructor (greenhouses)                          3691

Carpenting instructor                                          3689

Handicrafts or occupational therapy instructor                 3598

Offset duplicator operation instructor                         3579

Maintenance worker instructor                                  3573

Furniture painting instructor                                  3562

Farm work instructor                                           3697

Bookbinding instructor                                         3546

Living unit worker                                             3577

Residence worker                                               3464, 3466

Labourer                                                       6377

Groundskeeper and/or labourer                                  6376

Machinist (millwright)                                         6353

Master electrician                                             6356

Refrigeration machinery master mechanic                        6366

Master plumber                                                 6357

Millwright                                                     6360

Garage mechanic                                                6380

Stationary engineer                                            6383

Refrigeration machinery mechanic                               6352

Equipment adjustment mechanic                                  3263

Orthosis and/or prosthesis mechanic                            3262, 3264

Carpenter                                                      6364

General maintenance carpenter                                  6254

Education instructor                                           3687

Recreation instructor                                          3698, 3699

Rehabilitation instructor 
(handcrafts or occupational therapy)                           3471, 3472

Rehabilitation instructor (specialized trade)                  3469

Cleaner                                                        6407

Dishwashing machine operator                                   6307

Maintenance worker                                             6373, 6402

General caretaker                                              6388, 6408

Baker/pastry cook                                              6302

Painter                                                        6362

Plasterer                                                      6368

Plumber                                                        6359

Porter                                                         6344

Door attendant                                                 6341, 6348

Beneficiary attendant (“A” certification)                      3459

Laundry attendant                                              6321, 6421

Laundry-linen attendant                                        6221

Cafeteria attendant                                            6314

Mangle attendant                                               6333

Central monitoring security attendant                          6412

Message centre attendant                                       3259

Watchover attendant (residential milieu)                       3476

Daycare attendant                                              3269

Linen attendant                                                6332

Painting and maintenance attendant                             6262

Security attendant                                             6238

Sterilization attendant                                        3481, 3482

Housekeeping attendant (light duty)                            6335, 6403, 6435

Housekeeping attendant (heavy duty)                            6334, 6404, 6434

Unit and/or pavilion attendant                                 3685

Milk laboratory attendant                                      3250

Therapeutic equipment attendant                                3467, 3567

Restaurant attendant                                           6315

Transport attendant                                            3204

Physically handicapped beneficiaries transport attendant       6418

Elevator attendant                                             6347

Autopsy attendant                                              3203

Beneficiary attendant                                          3478, 3479

Home care beneficiary attendant                                3474

Vegetable attendant                                            6306

Animal attendant                                               3241

Groundskeeper                                                  6384

Groundskeeper and landscaping attendant                        6416

Vehicles attendant                                             6350

Residence attendant                                            3578

Specialized ophthalmologic examinations attendant              3230

EEG attendant                                                  3239

ECG attendant                                                  3237

Attendant in a northern institution                            3505

Inhalation therapy attendant                                   3209

Ophthalmology attendant                                        3208

Orthopedic attendant                                           3247

Physiotherapy and/or occupational therapy attendant            3223

Rehabilitation or industrial occupation attendant              3495, 3499

Resident attendant                                             3509

Operating room attendant                                       3449

Senior orthopedic attendant                                    3229

Presser                                                        6325

Upholsterer                                                    6382

Locksmith                                                      6367

Welder                                                         6361

Institutional guard                                            6410

Student supervision attendant                                  6413

Lifeguard                                                      3679

Tailor and/or sewer                                            6225

Class “B” technician                                           3224, 3225

Food technician                                                6317

Senior rehabilitation therapist                                3460

Neighbourhood or sector worker                                 3465

Glazier                                                        6372        

2003, c. 25, Sch. 2.

Schedule 3

Office Personnel and Administrative Technicians and Professionals
________________________________________________________________________________
JOB TITLE                                                     NUMBER 
________________________________________________________________________________
Buyer                                                         5138, 5140

Information officer                                           1242

Information officer ­ Régie régionale                         1243

Training officer                                              1533

Personnel officer                                             1101

Finance officer                                               1105

Data processing analyst                                       1103

Programmer-analyst                                            1113

Research clerk                                                5187

Archives assistant                                            5278, 5279

Library auxiliary                                             5289

Library technician                                            2265, 2266

Librarian                                                     1206

Production coordinator                                        2106

Clerk                                                         5128, 5129

Unit clerk ­ Institut Pinel                                   5102

Intermediate clerk                                            5113, 5114

Senior clerk                                                  5109, 5110

Senior accounting clerk                                       5103, 5104

Institution counsellor                                        1106

Typist                                                        5151, 5152

Storekeeper                                                   5141, 5142

Messenger                                                     5165, 5166

Messenger ­ Régie régionale                                   5229

Duplicator offset operator                                    5119, 5120, 5179

Data processing operator class 1                              5100, 5108

Data processing operator class 2                              5111, 5112

Braille production system operator                            5130

Paymaster                                                     5105, 5106

Reception attendant                                           3251

Admitting clerk                                               5271, 5272

Outpatient admitting clerk                                    5275

Audiovisual attendant                                         3245

Library attendant                                             5283

Reprography attendant                                         5135, 5136

Accounts receivable clerk                                     5143

Medical records attendant                                     5280

Storeroom attendant                                           5117, 5118

Data processing attendant                                     5121, 5126

Data programmer                                               2103, 2104

Receptionist                                                  5161, 5162

Receptionist ­ Régie régionale                                5171

Bookbinder                                                    5345, 5346

Materials management officer                                  1246

Secretary                                                     5155, 5156

Administrative secretary ­ Régie régionale                    5154

Executive secretary                                           5144, 5145

Legal secretary                                               5148, 5168

Medical secretary                                             5147

Audiovisual specialist                                        1661

Communications specialist                                     1107

Administrative processes specialist                           1109

Contributions technician                                      2102, 2105

Administrative technician                                     2100, 2101

Graphic arts technician                                       2333

Audiovisual technician                                        2256, 2258

Building service technician                                   2364, 2374

Communications technician                                     2275

Documentation technician                                      2355, 2365

Industrial electricity technician                             2370

Electro-mechanic technician                                   2371

Electronics technician                                        2369

Mechanical fabrication technician                             2377

Information systems technician                                2113

Instrumentation and control technician                        2379

Switchboard operator                                          5159

Switchboard operator ­ receptionist                           5163, 5164

2003, c. 25, Sch. 3.

Schedule 4

Health and Social Services Technicians and Professionals

________________________________________________________________________________

JOB TITLE                                                     NUMBER 
________________________________________________________________________________

Sanitary education officer                                    1704

Integration officer                                           2688

Hearing deficiencies training officer                         1534

Behavioral officer                                            1559

Planning and programming officer                              1108

Social services planning and programming officer              1853

Social and health planning and programming officer            1120

Planning, programming and research officer                    1555

Programming officer                                           1562

Research officer                                              1556

Socio-economic research and planning officer                  1110

Social and health research officer                            1705

Human relations officer                                       1553

Educational techniques officer                                1651

Social aide                                                   2587, 2588

Community facilitator                                         2376

Pastoral facilitator                                          1552

Medical records archivist                                     2250, 2251

Medical records archivist (team leader)                       2282

Pathology assistant                                           2203

Assistant head dietetics technician                           2240

Assistant head medical electro-physiology technician          2236

Assistant head of archives                                    2242

Assistant head physiotherapist                                1236

Assistant head medical technologist or
assistant head laboratory technician                          2235

Administrative assistant head technologist                    2230

Technical assistant head technologist                         2229

Assistant head radiology technologist                         2219

Audiologist or hearing therapist                              1254

Audiologist-speech therapist or hearing, 
speech, language and communication therapist                  1204

Audio-prosthesist                                             2260

Lawyer                                                        1114

Bacteriologist                                                1200

Biochemist                                                    1202

Candidate admissible per equivalence (physiotherapy)          1238

Clinical teacher (physiotherapy)                              1234

Head of module                                                2699

Work adaptability counsellor                                  1703

Nutrition counsellor (without internship)                     1226

Maladjusted children counsellor                               1543

Health promotion counsellor                                   1121

Vocational guidance counsellor or counsellor
in supportive relations                                       1701

Technical coordinator (laboratory)                            2227

Technical coordinator (radiology)                             2213

Medical electro-physiology technical coordinator              2276

Criminologist                                                 1544

Cyto-technologist                                             2271

Professional dietician-nutritionist or 
university graduate in dietetics                              1223

Educator                                                      2689, 2691, 2693

Physical educator                                             1228

Occupational therapist or therapist in 
functional rehabilitation through activity                    1230

Genagogist                                                    1540

Dental hygienist or dental hygiene technician                 2261

Occupational hygienist                                        1702

Medical illustrator                                           2253

Biomedical engineer                                           1205

Clinical instructor (laboratory)                              2231

Clinical instructor (radiology and laboratory)                2215

Child care worker                                             1660

Community organizer                                           1551

Orthotist and/or prosthesist                                  2264

Ortho-pedagogist                                              1656

Speech therapist or speech, language and
communication therapist                                       1255

Orthoptist                                                    2259

Pedagogue                                                     1655, 1657

Medical photographer                                          2254

Physiotherapist or university graduate 
functional rehabilitation therapist                           1233

Psycho-educator or psycho-social 
rehabilitation specialist                                     1652

Psycho-technician                                             2273, 2274

Psychologist or human behavior therapist                      1546

Recreologist                                                  1658

Psycho-motional re-educator                                   1662

Remuneration of some orthosis/prosthesis mechanics            2263

Living unit or rehabilitation supervisor                      2694

Sociologist                                                   1554

Sociotherapist — Institut Pinel                               2697

Clinical activities specialist                                1407

Social programs management specialist                         1863

Low vision specialist                                         1558

Care evaluation specialist                                    1521

Orientation and mobility specialist                           1557

Positioning specialist                                        1217

Biological and health physics science specialist              1207

Braille technician                                            2360

Social assistance technician                                  2585, 2586

Dietetics technician                                          2257

Specialized education technician                              2690

Electro-encephalography technician                            2241

Medical electro-physiology technician                         2286

Electrodynamics technician                                    2373, 2378

Biomedical engineering technician                             2367

Gerontology technician                                        2285

Hemodynamics technician                                       2272

Horticulture technician                                       2280

Industrial hygiene technician                                 2702

Recreation technician                                         2695, 2696, 2698

Orthosis-prosthesis technician                                2362

Cardio-respiratory physiology technician                      2270

Prevention technician                                         2368

Rehabilitation technician                                     2255

Psycho-social research technician                             2584

Hemodynamics technologist                                     2278, 2279

Medical technologist or graduate medical 
laboratory technician                                         2223

Nuclear medicine technologist                                 2208

Radio-diagnostic technologist                                 2205

Radiotherapy technologist                                     2207

Specialized radiology technologist                            2212

Creativity therapist                                          1229

Art therapist                                                 1259

Music therapist                                               1245

Community worker                                              2375

Professional social worker or social work officer             1550    

2003, c. 25, Sch. 4.

REPEAL SCHEDULE

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.