Act respecting labour standards Chapter IV - Larbour standards (Section 39.1 to 97)

Collective agreement

The provisions of sections 81.18, 81.19, 123.7, 123.15 and 123.16, with the necessary modifications, are deemed to be an integral part of every collective agreement. An employee covered by such an agreement must exercise the recourses provided for in the agreement, insofar as any such recourse is available to employees under the agreement.

Mediation

At any time before the case is taken under advisement, a joint application may be made by the parties to such an agreement to the Minister for the appointment of a person to act as a mediator.

Employees not governed by a collective agreement

The provisions referred to in the first paragraph are deemed to form part of the conditions of employment of every employee appointed under the Public Service Act (chapter F-3.1.1) who is not governed by a collective agreement. Such an employee must exercise the applicable recourse before the Commission de la fonction publique according to the rules of procedure established pursuant to that Act. The Commission de la fonction publique exercises for that purpose the powers provided for in sections 123.15 and 123.16 of this Act.

Members and officers of bodies

The third paragraph also applies to the members and officers of bodies.

2002, c. 80, s. 47.

Interpretation

An employee who has the right to file a grievance under his collective agreement will have to proceed in this manner. The provisions related to the definition of psychological harassment as well as the provisions concerning the right to an environment free from psychological harassment and the employer’s obligations to maintain such an environment form an integral part of every collective agreement. Moreover, the provisions concerning the remedial powers of the Commission des relations du travail stipulated in sections 123.15 and 123.16 ALS are included.

The request for the services of a mediator designated by the minister must be a joint request.

For a non-unionized civil servant, the same provisions as above are deemed to form an integral part of his conditions of employment and it is the Commission de la fonction publique that exercises the powers stipulated in sections 123.15 and 123.16 ALS. The same is true for the members and heads of government agencies.

It is important to specify that a mayor or another municipal elected official does not qualify as an employee within the meaning of the Act respecting labour standards. Owing to this fact, an elected official cannot avail himself of the provisions of the ALS and file a complaint for psychological harassment with the Commission des normes du travail. Indeed, to occupy his position, he was granted an elected term of office for a specific period of time by the population. He performs his duties within the framework established by the statutes and regulations that govern the office of mayor or of municipal elected official and cannot be the subject of a dismissal decided upon by an employer since his term of office is for a definite duration, except in the case of resignation, death or declaration of incapacity.

The same principles as those presented above apply to other elected officials, such as members or presidents and councillors of school boards who, while being governed by different statutes or regulations, are subject, for all intents and purposes, to the same criteria.