Effect given to the recommendations of the committee and the Governing Body - Report No 342, June 2006

Case No 2257 (Canada) - Complaint date: 18-MAR-03 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 31. The Committee examined the substance of this case at its session in November 2004. It concerns the exclusion of managerial staff from Quebec’s Labour Code, which prevents them from forming unions and enjoying all the associated rights and prerogatives, in particular: a real right to collective bargaining; the right to a dispute settlement procedure in the absence of the right to strike; and the right to legal protection against acts of employer interference. The Committee requested the Government to amend the Labour Code in order to resolve all these problems, in accordance with the principles of freedom of association, and to keep it informed of the development of the situation in that regard [see 335th Report, paras. 412-470].
2. 32. In a communication dated 26 August 2005, following a meeting during the 2005 session of the International Labour Conference between the Chairperson of the Committee on Freedom of Association (CFA) and the Canadian delegation, which included representatives of the Government of Quebec, the Government of Quebec explained that it had set up an Inter-Ministerial Committee on the follow-up of the recommendations of the CFA, with a mandate to make recommendations to the Government on the matter. The Inter-Ministerial Committee began its work in March 2005 and carried out series of consultations in the ministries concerned with a view to assessing the impact of the recommendations of the CFA.
3. 33. In a communication dated 29 November 2005, sent to the Government on 12 December 2005, the complainant organization, the National Confederation of Managerial Staff of Quebec (CNCQ), reported a number of inquiries that had been made to the Government (December 2004; 8 March, 12 April and 31 August 2005) about its plans regarding the follow-up to the Committee’s recommendations. The last reply received from the Ministry concerned, dated 3 October 2005, noted the creation of the Inter-Ministerial Committee “… with a mandate to examine the recommendations made by the Committee on Freedom of Association and to draw up proposals for follow-up. When the proposals of this committee are known, rest assured that you will be invited to a meeting to discuss this issue”. The CNCQ has still not received any further reply or commitment in response to its requests for follow-up and meetings in connection with this case.
4. 34. The Committee takes note of this information. Emphasizing that the problems underlying this complaint date back to the beginning of the 1980s (see annex to the decision, 335th Report, November 2004), the Committee trusts that the Inter-Ministerial Committee will by now have made substantial progress. The Committee firmly trusts that the Inter-Ministerial Committee’s proposals for follow-up will fully reflect its previous recommendations and respect for principles of freedom of association, and urges the Government of Quebec to send its observations on the matter swiftly. The Committee also reminds the federal Government of Canada that the principles of freedom of association should be fully applied throughout its territory.