Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 370, Octubre 2013

Effect given to the recommendations of the Committee and the Governing Body

1. 27. The Committee last examined this case, which concerns the exclusion of managerial staff from Quebec’s Labour Code, which prevents them from forming unions and therefore from enjoying rights and prerogatives such as true collective bargaining, a dispute settlement procedure in the absence of the right to strike, and legal protection against acts of interference by employers, at its meeting in November 2011 [see 362nd Report, paras 33–38]. On that occasion, the Committee noted that no progress had been made with regard to the need to amend the Labour Code of Quebec so that managerial personnel enjoy the right to benefit from the general provisions of collective labour law and form associations that enjoy the same rights, prerogatives and means of redress as other workers’ associations and urged the Government of Quebec to maintain a continuous dialogue with the representatives of the organizations concerned regarding following up its recommendations. Furthermore, the Committee noted that no ruling had been handed down by the Labour Relations Board of Quebec regarding the application for certification filed on 10 November 2009 by the Association of Managerial Staff of the Société des casinos du Québec (ACSCQ), either on the application itself or on the constitutionality of subparagraph 1 of paragraph 1 of section 1 of the Labour Code. The Committee therefore requested the Government to keep it informed without delay of any new development or ruling handed down with respect to the application.
2. 28. In a communication dated 10 January 2013, the Government sent the observations of the Government of Quebec, which indicated that the new chairperson and managing director of Loto-Québec had decided not to meet the chairperson of the ACSCQ, as the ACSCQ’s application for certification was still pending before the courts and the memoranda of understanding governing the relationship between the ACSCQ and the management still appeared to be appropriate. The provincial Government adds that the management of the Société des casinos du Québec applies these memoranda, informing the ACSCQ, among others, of any imminent decisions relating to it, and mentions that meetings were held with the chairperson of the ACSCQ on at least four occasions during the course of 2012 to provide information regarding developments in the organization of work.
3. 29. In a communication dated 4 October 2012, the ACSCQ alleges that there has been no improvement in the situation since the complaint was lodged in March 2003. The organization indicates that the numerous steps that have been taken and representations made with the various parties representing the Government of Quebec over the past five years have only resulted in three fruitless meetings and the submission of a guide on good governance, which was rejected by the complainant organization as it could not be applied, even in the opinion of the Government of Quebec, to state enterprises or to the managers that the ACSCQ represents. Furthermore, the organization cites the lack of any response by the Government, despite the numerous letters that have been sent in recent years requesting official meetings.
4. 30. The Committee notes the information received. It deeply regrets that, according to the complainant, no progress has been made in this case even though more than nine years have passed since it made its recommendations on the substance of the case, on the need to amend the legislation of the Province of Quebec. The Committee further regrets the absence of dialogue between the parties and recalls that engaging in ongoing tripartite dialogue constitutes a fundamental element of respect for the principles deriving from freedom of association. In this regard, the Committee urges the Government of Quebec to re-establish and maintain a continuous dialogue with the representative associations concerned with a view to making the legislative amendments to the Labour Code necessary to ensure its compliance with the principles of freedom of association, that were proposed a number of years ago, and to keep it informed of developments in this regard. The Committee requests the Government to keep it informed of developments in the legal proceedings relating to the ACSCQ’s certification process and to the contesting of the constitutionality of subparagraph 1 of paragraph 1 of section 1 of the Labour Code of Quebec before the Labour Relations Board of Quebec.