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Opinion regarding a legal obligation to maintain working conditions provided for in the collective agreements signed with the unions beyond the term of these agreements

Fasken
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Overview

Client

Comité patronal de négociation pour les centres de services scolaires francophones (CPNCF)

Fasken has represented the Comité patronal des conventions scolaires francophones (CPNCF). This organization is in charge of negotiating all of the school collective agreements in the province of Québec regarding national issues, which are divided into three separate categories for teachers, professionals and support staff.

The Provincial Québec Government requested our services to render an opinion on their legal obligation to maintain working conditions provided for in signed collective agreements with the unions beyond the term of these agreements. The Committee sought advice and the Fasken team successfully adapted the government strategy at each bargaining table by providing specific advice suited to the current discussion. They calibrated their approach to take into account the other party’s realities while smoothly reaching the employer’s goals.

These collective agreements impact several hundreds of thousands of employees (all the teachers, professionals and support staff of Québec’s educational system). Maintaining these “bridge clauses” represents an important amount of money, probably several millions of Canadian dollars.

A Fasken team composed of Jasmin Marcotte and Laurence Déry represented the Comité patronal des conventions scolaires francophones in connection with this case.

Jurisdiction

  • Québec

Team

  • Jasmin Marcotte, Partner, Québec, QC, +1 418 640 2030, jmarcotte@fasken.com
  • Laurence Déry, Partner, Québec, QC, +1 418 640 2003, ldery@fasken.com