Workplace Incivility And Union Immunity: When To Impose A Disciplinary Measure

Employers face a very real challenge in sanctioning the incivility of employees performing union duties. A recent decision by the Administrative Labour Tribunal in Quebec (the "Tribunal" or "ALT")[ 1] is yet another example of how difficult it is to impose disciplinary measures to address the uncivil conduct of union representatives acting under the protection of union immunity.

Background

On February 10, 2025, the employee, who was both the president of the employee union and an employee of the employer, was suspended without pay for five days. This disciplinary measure was issued following an altercation between the employee and his foreman at a team meeting on February 3, 2025, during which the employee challenged the assignment of vacant positions, claiming they violated the collective agreement. The altercation took place in front of a dozen or so co-workers, during which the employee approached his manager, raised his voice and pointed his finger at her.