On November 28, the Administrative Labor Tribunal granted the urgent intervention request filed by the City of Châteauguay, which our firm represented, following a work stoppage the previous day by blue-collar employees who are members of CUPE.
According to the evidence presented, the employees refused to perform certain tasks directly related to the distribution of information concerning the lifting of a boil water advisory, and then collectively refused to return to work after their lunch break.The City argued that these actions constituted illegal concerted action and were detrimental to services to which the public is entitled. In support of this position, it demonstrated that many activities had not been carried out due to the work stoppage, including maintenance and repair work related to drinking water, wastewater, public roads, and the municipal vehicle fleet. The Tribunal accepted this evidence, noting that nearly 77% of the blue-collar workers assigned to work that day simultaneously refrained from performing their duties, which clearly constitutes concerted action.
Given the urgency of the situation, the Tribunal issued a series of orders on the spot. In particular, it declared that the pressure tactics used by the employees were illegal and ordered the immediate resumption of normal and customary work. It also enjoined the union to cease all forms of encouragement or support for illegal work stoppages or slowdowns and to promptly disseminate the Tribunal’s order to all its members in order to ensure the provision of services to the public.
Emphasizing that the labor dispute falls outside the legal exercise of the right to strike, the Tribunal reiterated that its role is to ensure that the public services to which the community is entitled are maintained.
This decision reaffirms that, even in the context of difficult negotiations, concerted actions that could deprive the public of municipal services cannot be tolerated. It also highlights the importance for municipalities to act promptly to preserve the continuity of services offered to citizens and to use the remedies available when the public interest is threatened.
Any concerted action outside the legal framework engages union responsibility and may be subject to an immediate order by the TAT.
