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ARTICLE · 18 JANUARY 2011

Slackening of Work Versus a Strike

Norton Rose Fulbright Canada LLP
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In "Cascades", the "Commission des relations du travail" (the "Commission") determined that the concerted refusal to work overtime constitutes a slackening of work within the meaning of section 108 of the Quebec "Labour Code" (the "Code") and not a strike.

CanadaEmployment and HR
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In Cascades,1 the Commission des relations du travail (the "Commission") determined that the concerted refusal to work overtime constitutes a slackening of work within the meaning of section 108 of the Quebec Labour Code (the "Code") and not a strike.

The Facts

When the events took place, Cascades Fine Papers Group Inc., Rolland Division ("Cascades") and the Communications, Energy and Paperworkers Union of Canada, Local 174 (the "Union") were negotiating the renewal of a collective agreement and had not exercised their right to lock-out, in the case of Cascades, or right to strike, in the case of the Union.

On September 27, 2010, Cascades applied to the Commission to have an order granted under sections 108, 118 and 119 of the Code, arguing that the Union and the members identified in the application had ordered, encouraged or supported a slackening of work designed to limit production by refusing to work overtime.

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