The Tribunal administratif du travail (TAT) has issued a safeguard order in favour of the Syndicat des spécialistes et professionnels d’Hydro-Québec (CUPE 4250) following a complaint submitted last week for bad faith bargaining.
When the union received a comprehensive and final offer from the employer without the use of conciliation, Hydro-Québec communicated it directly to workers, preventing the union from exercising its right to present the offer to members at a crucial turning point in the negotiations.
In its interim decision, the TAT concluded that intervention was necessary to avoid irreparable prospective damages to the union. The TAT therefore partially granted a safeguard order and required Hydro-Québec to cease all communications intended to influence negotiations with CUPE members.
“This decision is a firm reminder that no employer may bypass the union to influence employee opinion or a vote,” said Dominic Morin, a union advisor and energy sector coordinator at CUPE. “The Labour Code does indeed apply to Hydro-Québec. Collective bargaining relies on respect for union bodies and their democratic autonomy.”
CUPE applauds the TAT’s decision, which reaffirms the fundamental role of unions in defending collective rights and preserving a free, fair and balanced bargaining process.