[Canada] Labour tribunal orders nurses’ union to stop mass resignation threats

[Canada] Labour tribunal orders nurses’ union to stop mass resignation threats
28 Feb 2023

In Canada, a Quebec labour tribunal has ruled that a Quebec nurses’ union’s threat to announce the mass resignation of several hundred of its members as a pressure tactic is illegal, National Post reports.

In a decision released on February 25, the Tribunal administratif du travail ordered the Mauricie and Centre-du-Quebec chapter of the Federation interprofessionnelle de la sante du Quebec union to stop encouraging mass resignation. It described the tactic as an “illegal concerted action, prejudicial to a service to which the population is entitled.”

The tribunal reportedly noted that the union has been gathering the signatures of 500 nurses who are ready to resign over the Mauricie-Centre-du-Quebec regional health authority’s scheduling changes.

The decision also noted that workers have been refusing to input some data into patient files. The changes the union is protesting include the obligation to work a certain number of weekend shifts.

In a written decision, Judge Myriam Bedard reportedly ordered the union and its members to stop both pressure tactics, saying they could cause harm to essential health services.

Judge Bedard ordered union members to “not resign in the goal of participating in the collection action and to withdraw their resignations presented in this context of pressure tactics.” In addition, the members were ordered to properly fill in data.

The union has reportedly argued that the decision to resign is a protected individual right that cannot be forbidden.

However, Judge Bedard ruled that, in this case, the threatened resignations are a “collective action” intended to paralyse services, rather than a private decision. The ruling noted that the resignations will only be presented once 500 workers have signed on, and union members have agreed to respect the seniority of peers who resign.

The decision stated that it is also likely those who are tendering their resignation do not actually intend to quit.

“This resignation process is more like a disguised strike,” Judge Bedard wrote.

The judge also ordered the union to “immediately and publicly” indicate whether it intends to comply.

On its Facebook page, the union wrote that it was “disappointed but not surprised” by the decision, adding it would discuss the matter at a general assembly on February 27.

The union had rallied outside a hospital in Drummondville the previous day to protest what it described as the employer’s “unilateral decision to modify their employment contract,” which will force nurses to do duties they hadn’t worked for years.

In a statement published on its website, the union said workers “will not let themselves be intimidated or muzzled by a repressive employer that uses the (labour tribunal) to silence them.”

Source: National Post

(Quotes via original reporting)

In Canada, a Quebec labour tribunal has ruled that a Quebec nurses’ union’s threat to announce the mass resignation of several hundred of its members as a pressure tactic is illegal, National Post reports.

In a decision released on February 25, the Tribunal administratif du travail ordered the Mauricie and Centre-du-Quebec chapter of the Federation interprofessionnelle de la sante du Quebec union to stop encouraging mass resignation. It described the tactic as an “illegal concerted action, prejudicial to a service to which the population is entitled.”

The tribunal reportedly noted that the union has been gathering the signatures of 500 nurses who are ready to resign over the Mauricie-Centre-du-Quebec regional health authority’s scheduling changes.

The decision also noted that workers have been refusing to input some data into patient files. The changes the union is protesting include the obligation to work a certain number of weekend shifts.

In a written decision, Judge Myriam Bedard reportedly ordered the union and its members to stop both pressure tactics, saying they could cause harm to essential health services.

Judge Bedard ordered union members to “not resign in the goal of participating in the collection action and to withdraw their resignations presented in this context of pressure tactics.” In addition, the members were ordered to properly fill in data.

The union has reportedly argued that the decision to resign is a protected individual right that cannot be forbidden.

However, Judge Bedard ruled that, in this case, the threatened resignations are a “collective action” intended to paralyse services, rather than a private decision. The ruling noted that the resignations will only be presented once 500 workers have signed on, and union members have agreed to respect the seniority of peers who resign.

The decision stated that it is also likely those who are tendering their resignation do not actually intend to quit.

“This resignation process is more like a disguised strike,” Judge Bedard wrote.

The judge also ordered the union to “immediately and publicly” indicate whether it intends to comply.

On its Facebook page, the union wrote that it was “disappointed but not surprised” by the decision, adding it would discuss the matter at a general assembly on February 27.

The union had rallied outside a hospital in Drummondville the previous day to protest what it described as the employer’s “unilateral decision to modify their employment contract,” which will force nurses to do duties they hadn’t worked for years.

In a statement published on its website, the union said workers “will not let themselves be intimidated or muzzled by a repressive employer that uses the (labour tribunal) to silence them.”

Source: National Post

(Quotes via original reporting)