2008 CanLII 59474 (QC TT)
Labour Court — Quebec
travail — salariés — association — négociation collective — cooperatives
A third party (UNISACO) argued that the certification of CEP was in violation of freedom of association because it did not recognize UNISACO's representation of employees and collective negotiations on behalf of the employees. UNISACO was not certified as a union under the Labour Code, but rather, it was defined as a “co-operative” formed under the Co-operatives Act. The Commission distinguished between a “co-operative” under the Co-operatives Act as a group of people who pool their labour to run a business in accordance with the rules of co-operative action, and a “union” certified under the Labour Code that can force the employer to negotiate working conditions. The Labour Commission found that freedom of association arguments did not apply because the co-operative was not a certified union under the Labour Code. The Commission held that the guarantee of freedom of association as defined in B.C. Health Services does not imply the right to claim a particular model of working relationship outside the provincial labour relations regime, or a particular method of collective bargaining.