The legal marathon of the first level executives of the Casino de Montreal has just turned in their favor.
The Court of Appeal endorsed a decision of the Administrative Labor Tribunal dating from 2016, which the Superior Court had contradicted in 2018.
The case began in 2009, when 250 first-level executives, grouped in the Association of Executives of the Société des casinos du Québec, contested a modification of their working hours by their employer. The managers had applied for union certification. The legal battle will last seven years before the Administrative Labor Tribunal decides.
In its 2016 decision, the court noted the “lack of discussion on certain topics. (…) The question of the deduction of contributions, the increase in the releases of representatives and the inclusion of working conditions in the protocol are the subject of an end of inadmissibility. All compensation issues are not discussed and the rules for granting bonuses have been modified without prior consultation. »
The administrative labor tribunal concluded that it would be contrary to the Canadian and Quebec charters of rights and freedoms to deprive first-level managers of the Casino de Montréal of their right to freedom of association. The absence of a role in the decision-making process of the company while having to enforce these decisions places these executives “between the tree and the bark”, pointed out the court.
The decision of the Administrative Labor Tribunal did not contain any major error, said the Court of Appeal, rejecting that of the Superior Court.
The judges Guy Gagnon, Marie-Josee Hogue and Michel Beaupre concluded that the decision of the Administrative Labor Tribunal should not have been reviewed. The management of the Société des casinos du Québec must therefore set up a collective bargaining mechanism during the coming year.
The Association of Executives of the Société des casinos du Québec was represented by Mr. Jean Luc Dufourlawyer at Poudrier Bradet, and by Me Frederic Antoine Tremblay until his departure from the office.
The Société des casinos du Québec was represented by Me John Leduc, lawyer at Loranger Marcoux. it’s me Marie France Bernier who represented the Administrative Labor Tribunal. The Attorney General of Quebec was represented by Mr. Michel Deom and me Samuel Chayer.
However, the legal marathon may not be over. The Société des casinos du Québec and the Attorney General of Québec can still turn to the Supreme Court, within sixty days.