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Legal Matters Regarding Work During a Strike
Strike-Breaking (Scabbing)
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Who can work during a strike day?
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The following workers are not allowed to accomplish any CUPEU members tasks for the duration of the strike :
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-CUPEU members who do not wish to strike
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-Managers hired by Concordia after August 2023
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-Concordia University technicians and support staff
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-Any other non-CUPEU workers, unionized or non-union
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-Students, course lecturers and professors
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Concordia University cannot use the persons listed above to replace unionized professionals due to Québec’s labour code. Concordia professionals cannot choose to work as they are legally obligated to cease all work. Failure to respect the labour code is considered replacement work, also known as “scabbing”.
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Remote work and in-person work are both targeted by the labour code, as per the recent decisions rendered by the Labour tribunal for both Novago and CRH Canada.
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During strike days, only managers hired prior to the beginning of the negotiation are allowed to take on tasks usually reserved for CUPEU members.
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Failure to respect the Labour Code’s provision on scabbing will result in the immediate use of legal recourses with the Ministry of Labour, which can lead to injunctions and fines for both individuals and the employer. Disregarding an injunction can lead to further fines and imprisonment, on account of contempt of court.
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“I voted against the strike, am I allowed to work?”
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No. Unlike most states and provinces, Québec has a robust labour code which makes it illegal to continue working when the union democratically votes to go on strike. The union will be pursuing legal recourses to counter any attempt to breach article 109.1 of the Labour Code.
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CUPEU members found to work for Concordia during the strike will not be eligible for any strike fund, for the duration of the labour dispute.
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Article 109.1 of the Labour Code reads as follow :
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For the duration of a strike declared in accordance with this Code or a lock-out, every employer is prohibited from
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(c) utilizing, in an establishment where a strike or lock-out has been declared, the services of an employee who is a member of the bargaining unit then on strike or locked out unless
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i. an agreement has been reached for that purpose between the parties, to the extent that the agreement so provides, and, in the case of an institution contemplated in section 111.2, unless the agreement has been approved by the Tribunal;
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ii. in a public service, a list has been transmitted or, in the case of an institution contemplated in section 111.2, approved pursuant to Chapter V.1, to the extent that the list so provides;
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iii. in a public service, a decision has been rendered pursuant to section 111.0.24;
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Are Concordia nurses allowed to work as essential workers?
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No! Concordia nurses do not fall under the same essential services category as a CIUSSS or university health centre such as MUHC or CHUM. Students can obtain emergency/urgent care from the Quebec public health system or the private health system during the strike.
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