Aid's compatibility with the domestic market remains undetermined by the Commission.
In the heart of Montreal, Hydro-Québec has faced no accusations of deceit or obstruction in the game of union negotiations, despite the establishment of three key "priority behaviors" as part of its strategic plan.
The Administrative Labor Tribunal has given the green light to Hydro-Québec, dismissing two complaints of union obstruction and breach of good faith negotiation responsibilities. This comes in the context of a row between Hydro-Québec and the Syndicat des spécialistes et professionnels d'Hydro-Québec.
In 2024, Hydro-Québec set these "priority behaviors" as a prerequisite for all employees to support their new strategic plan. Interestingly, before these "priority behaviors" surfaced, there was a "repository of competencies." Defined as a mix of skills, abilities, and attitudes, these translate into notable behaviors seen in their most successful employees.
A bit of a mix-up took place, with the local section of the Syndicat canadien de la fonction publique, an affiliate of the FTQ, failing to see the distinction.
Negotiation sessions in 2018 managed to include, in the collective agreement, an annex that narrowed the selection of competencies Hydro-Québec could use in job postings from 42 to 21. The union argued that these "priority behaviors" pose a threat to career advancement opportunities by creating ambiguity regarding the criteria for landing a promotion.
As Administrative Judge Jessica Laforest summed up, the issue lies in the confusion caused by these "priority behaviors" and the impact they might have on employee career paths. Employees with an eye on progression within the company question whether they should focus on these "priority behaviors" or on their remaining competencies, given that the traditional seniority factor does not apply to them.
Management at Hydro-Québec maintained their stance, stating their actions fell within their right to manage, as defined in the collective agreement and causing no hindrance to union activities.
Ultimately, the complaints were dismissed by the Administrative Labor Tribunal. The first complaint, concerning the breach of good faith negotiations, met its end as negotiations hadn't yet commenced. "Article 53 of the Code is unequivocal, and its interpretation does not allow for the obligation to negotiate in good faith to extend beyond the provided negotiation phase," pointed out Judge Laforest.
The second complaint, involving hindrance, was also dismissed. Judge Laforest found that there was no evidence suggesting Hydro-Québec's intention to harm the union. It thus concluded that the circumstances surrounding the adoption of the "priority behaviors" did not indicate anti-union conduct.
While the specifics of Hydro-Québec's policies and the decision of the Administrative Labor Tribunal remain murky, it's essential to keep a watchful eye on policies that might skew career advancement based on subjective behaviors and could face scrutiny from labor authorities and the workforce itself.
- The Syndicat des spécialistes et professionnels d'Hydro-Québec is concerned that the new "priority behaviors" set by Hydro-Québec could pose a threat to career advancement opportunities, as they create ambiguity about the criteria for promotions.
- The "priority behaviors" established by Hydro-Québec in 2024 are a mix of skills, abilities, and attitudes that translate into notable behaviors seen in their most successful employees, and they are a prerequisite for all employees to support their new strategic plan.
- Despite the row between Hydro-Québec and the Syndicat des spécialistes et professionnels d'Hydro-Québec, the Administrative Labor Tribunal has given Hydro-Québec the green light and dismissed two complaints of union obstruction and breach of good faith negotiation responsibilities.
- The debate surrounding the "priority behaviors" and their impact on employee career paths in Hydro-Québec is lined with politics and general news, as it involves union bargaining, policy-and-legislation, and the rights of employees in Quebec.
