Quebec unions file coordinated court challenges against new Law 14

Five major Quebec union federations have launched coordinated legal challenges against Law 14, just days after it came into force, arguing the new legislation infringes workers’ right to strike and upsets the balance of labour relations in the province.

In a joint statement, union leaders said the law goes too far.

“Bill 14 infringes on workers’ right to strike, disrupts the balance of labour relations, and places too much power in the hands of the Minister of Labour,” said Fédération des travailleurs et travailleuses du Québec (FTQ), Confédération des syndicats nationaux (CSN), Centrale des syndicats du Québec (CSQ), Centrale des syndicats démocratiques (CSD) and Alliance du personnel professionnel et technique de la santé et des services sociaux (APTS) in a joint statement.

“From the outset, we warned that Bill 14 would encourage employers to drag out negotiations while awaiting the Minister’s intervention, that it would exacerbate labour relations, and that it would have a significant impact on labour disputes,” the leaders added.

Bill 14 changes

Under Bill 14, the Administrative Labour Tribunal can decide whether certain services essential to the population’s well-being must continue during a strike or lockout. This authority, which applies only to the current stage of negotiations, does not extend to the health and public service sectors.

The Act also allows the Minister of Labour, when a strike or lockout is “causing or threatening serious or irreparable harm to the public”, and conciliation or mediation has failed, to refer the dispute to an arbitrator. The arbitrator then sets the employees’ working conditions, and the strike or lockout ends. 

“It provides that such a decision by the Minister terminates the strike or lock-out in progress and establishes the applicable arbitration procedure. The public and parapublic sectors, among others, are excluded from the application of that power,” according to the legislation.

In a post on social media platform X, Quebec Minister of Labour Jean Boulet said that Law 14 is “aimed at giving greater consideration to the needs of the population in the event of a strike or lockout”. 

It came into effect on Nov. 30. The new provisions, he said, allow for:

• Maintaining a minimum level of services to ensure social, economic or environmental security when the population is disproportionately affected by a labour dispute.

• Referring the matter to arbitration following unsuccessful mediation. This mechanism remains limited to cases where there is serious or irreparable harm to the population, he said.

“Law 14 therefore introduces clear, precise, and limited‑scope measures,” said Boulet.

‘A toxic element’

The unions also contend that the statute is unconstitutional. They describe Bill 14 as “a toxic element for the social climate in Quebec” and say it “seriously compromise[s] workers’ rights.” CSN and its partners are asking the courts to strike down the law.

“We have stated this repeatedly: Bill 14 is an attack on the collective action of workers. It unilaterally changes the rules of the game based on false premises,” said a joint statement from Magali Picard (FTQ), Caroline Senneville (CSN), Éric Gingras (CSQ), Luc Vachon (CSD) and Robert Comeau (APTS).

In 2023, the province recorded about 691 work stoppages, the highest number ever documented and well above its previous peak from the mid-1970s.