(Montreal) The Supreme Court denied Hydro-Québec’s application for leave to appeal a ruling affecting the rights of its management, regarding unilateral changes in the working conditions of some of its employees.
The dispute dates back to 2019, when Hydro-Québec, as an employer, unilaterally modified the working conditions of mobile network operators working at some hydroelectric plants in the Manicugan region. These terms of employment were stipulated in letters of understanding and their introduction dates back to the 1980s.
Unsatisfied with the adjustment of its members’ working conditions, the trade union, a local member of the FTQ’s Canadian Confederation of Public Employees (CUPE), filed a complaint.
The arbitrator dismissed the union’s complaint, holding that the action fell within the employer’s right to manage.
At first instance, the judge concluded that the arbitrator’s decision was unreasonable. He overturned the arbitrator’s decision, upheld the grievance and ordered Hydro-Québec to honor the letters of understanding.
The judge also returned the file to another arbitrator, so that he could rule on the union’s request to obtain financial compensation for the aggrieved employees.
At the next stage, the Court of Appeal rejected the appeal, concluding that the arbitrator’s decision was unreasonable.
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