New offensive by health unions before the Labor Court

New offensive by health unions before the Labor Court

The health network unions accuse the government of systematically circumventing them in the management of the network.

Unions in the health and social services network have filed new complaints before the Administrative Labor Tribunal against Quebec, which, according to them, is still bypassing labor organizations in its management of the summer situation in the network.

< p class="e-p">According to the Fédération de la santé et des services sociaux (FSSS-CSN), which published a press release on Monday in collaboration with seven other labor organizations, including the FTQ, CUPE, FIQ, APTS and SPGQ, the Ministère de la Health and Social Services is hindering union organizations by excluding them from the organization of the measures it is taking to compensate for the lack of personnel in the network during the summer.

This new series of complaints filed under section 12 of the Labor Code aims to denounce the summer measures implemented unilaterally by the government in recent weeks, explains the FSSS -CSN.

Among the measures denounced, the payment of overtime at a double rate paid only to certain employees who meet the conditions determined by the employer irritates the unions.

“For several months, the government has been stubbornly acting alone, bypassing the unions and refusing to negotiate with them to improve the situation in the network. »

— Federation of Health and Social Services (FSSS-CSN)

Last May, the trade unions reached out to the Minister to agree on measures to be put in place to get through the summer period, when the staff is overloaded and the lack of staff hits the network in a significant way and recurrently, recalls the FSSS-CSN.

Still according to the FSSS-CSN, the MSSS allegedly ignored the invitation to impose, on July 21, a series of measures and incentives with conditions not previously negotiated with the unions.

In the series of complaints filed with the Administrative Labor Tribunal, the unions are demanding that Quebec henceforth negotiate the measures to be put in place to put an end to the crisis affecting the network and the imposition by the court of punitive damages given the recidivism of the government, which was recently accused by the Administrative Labor Tribunal of negotiating in bad faith with the health unions.

The litigation related in particular to the imposition in 2021 by Quebec – in the midst of the COVID-19 pandemic – of a $ 1 billion health workforce recruitment and retention plan with bonuses to staff that could reach $15,000 when Quebec had just concluded the negotiation of health work contracts.

For the unions, this billion dollars in measures and bonuses added outside the employment contracts should have been negotiated with the employees beforehand.

An opinion also shared by Judge Myriam Bédard of the Administrative Labor Tribunal, who ruled on August 9 that the Employers' Negotiating Committee for the health and social services sector, the Government of Quebec Direction des relations professionnelles Conseil du Trésor and the Minister of Health and Social Services, Christian Dubé, had violated sections 12 and 53 of the Labor Code by obstructing union activities and refusing to bargain in good faith.

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