Effect given to the recommendations of the committee and the Governing Body - Report No 355, November 2009

Case No 2257 (Canada) - Complaint date: 18-MAR-03 - Closed

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

1. 29. The Committee examined the substance of this case at its November 2004 meeting. It concerns the exclusion of managerial staff from Quebec’s Labour Code, which prevents them from forming unions and enjoying all the associated rights and prerogatives, in particular: a real right to collective bargaining; the right to a disputed settlement procedure in the absence of the right to strike; and the right to legal protection against acts of employer interference. The Committee requested the Government to amend the Labour Code in order to resolve all these problems, in accordance with the principles of freedom of association, and to keep it informed of the development of the situation in that regard [see 335th Report, paras 412–470 and 342nd Report, paras 31–34].
2. 30. In a communication of 18 December 2006, one of the complainant associations, the Association of Senior Managerial Staff of Health and Social Services (ACSSSS), informs the Freedom of Association Committee that it has withdrawn the complaint presented against the Government of Quebec. In fact, together with other associations of managerial staff not party to the present case, the ACSSSS entered into serious discussions with the Ministry of Labour of Quebec. The ACSSSS states that, although it has withdrawn its complaint, the other associations involved remain plaintiffs in the case.
3. 31. In a communication of 2 December 2008, the Association of Managerial Staff of the Société des Casinos du Québec (ACSCQ) submitted a formal request for formal blame to be assigned to the Government of Quebec. In fact, the ACSCQ does not consider that any progress has been made as a result of the discussions held with the representatives of the Government of Quebec since spring 2006. Moreover, it states that the discussions with its employer are at a standstill.
4. 32. In a communication of 18 March 2009, in response to ACSCQ’s communication of 2 December 2008, the Direction des organisations internationales (International Organizations Directorate) recalled the creation in 2005 of the Inter-Ministerial Committee, the Government’s representative in any negotiations with the Interassociation des cadres du Québec (Inter-Association of Managerial Staff of Quebec), and stressed that certain associations of managerial staff made significant progress following this discussion process. The Direction des organisations internationales stated that it had sent the Interassociation des cadres du Québec a draft guide on good governance and was still awaiting a response.
5. 33. The Committee notes this information. While noting the serious discussions held in 2006 between the Ministry of Labour of Quebec and various managerial associations, the Committee recalls with regret that the issues underlying this complaint date back to the beginning of the 1980s (see annex to the decision, 335th Report, November 2004). The Committee expects that the Inter-Ministerial Committee will have made considerable progress by now. The Committee expects that the Inter-Ministerial Committee’s follow-up proposals will fully take into account the Committee’s previous recommendations while respecting the principles of freedom of association in the matter and urges the Government to describe any progress made and provide any reports prepared in this regard.