Further to our previous article, “Gambling on the unionization of managerial employees”, in which we alerted our clients to a decision declaring inoperative the provision of Quebec’s Labour Code which prevents managerial employees from unionizing1, a recent decision2 has since overturned that ruling.
On November 5, 2018, the Quebec Superior Court concluded that the prohibition on managerial employees seeking union representation under the Labour Code does not substantially impact rights to freedom of association under the Quebec and Canadian Charters. The Court concluded that this exclusion serves to ensure that managerial personnel do not find themselves in a conflict of interest, as employers must be able to rely on the undivided loyalty of their managers at all times.
Interestingly, the Court added that the bar on unionization does not necessarily prevent managerial employees from otherwise collectively negotiating their working conditions outside of the framework provided for in the Labour Code.
Further review of this decision before the Court of Appeal is likely in the cards. We will continue to update you with respect to any further developments.