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ARTICLE · 20 FEBRUARY 2013

Bargaining Hard Is Not Always Bargaining In Bad Faith

Norton Rose Fulbright Canada LLP
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The Superior Court1 has reversed a Commission des relations du travail (CRT) ruling that the Government of Quebec had negotiated in bad faith in the 2003-2005 collective bargaining round with the public and parapublic sectors.

CanadaEmployment and HR
Philippe Levac
Philippe Levac
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The Superior Court1 has reversed a Commission des relations du travail (CRT) ruling that the Government of Quebec had negotiated in bad faith in the 2003-2005 collective bargaining round with the public and parapublic sectors. The court justified its intervention on the grounds that the CRT had failed to analyze the evidence as a whole, which had resulted in an abbreviated analysis and had ultimately led to an excess of jurisdiction.

Facts

At the end of January 2012, the CRT handed down the decision Association des juristes de l'État2 in which, after 72 days of hearings, it determined that the government and its representatives had by, among other things, remaining inflexible on salary issues throughout the bargaining process, failed to negotiate in good faith during the bargaining round with the public and parapublic sectors.3 The bargaining round ended with the passage of An Act respecting the conditions of employment in the public sector4 (Bill 43). The

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