(Montreal) The Supreme Court rejects Hydro-Québec’s request for authorization to appeal a ruling affecting its management rights, in connection with unilateral changes to the working conditions of some of its employees.
The dispute dates back to 2019, when Hydro-Québec, as employer, unilaterally modified the working conditions of mobile operators who worked at certain hydroelectric power stations in the Manicouagan region. These working conditions were set out in letters of agreement and the application dates back to the 1980s.
Dissatisfied with seeing the working conditions of its members thus modified, the Union of Trade Employees, which is a local section of the Canadian Union of Public Employees (CUPE) affiliated with the FTQ, filed a grievance.
The arbitrator had rejected the union grievance, considering that the gesture fell within the management right of the employer.
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 respect the letters of understanding.
The judge also returned the case to another arbitrator, so that he could rule on the union’s request to obtain financial compensation for the employees who had been wronged.
At the next stage, the Court of Appeal rejected the appeal, concluding that the arbitrator had made an unreasonable decision.
