The RTC is not an essential service, concludes again the Court

The Administrative Labor Tribunal (TAT) concludes for a second time that public transport is not an essential service. In the event of a strike, buses may not run while the Réseau de transport de la Capitale (RTC) is in negotiations with its maintenance department employees.

In its judgment filed Tuesday, the Court concludes that the alleged danger for users is not demonstrated in the event of a strike, thus rejecting the RTC’s arguments. He speaks more of a potential risk, nothing more.

A strike affecting public transportation service in the greater Quebec City area is likely to disrupt, annoy, or even disrupt habits […]. There is no danger to the health or safety of the population that could arise from the absence of public transportation services.

Thus, for the time being, the right to strike of maintenance employees represented by the Union, which can be exercised in its fullness, must prevail over simple apprehensions.concludes the Administrative Labor Court.

It is the union of RTC maintenance employees, affiliated with the Confederation of National Trade Unions (CSN), which asked the Court to look into this question in the event of a conflict, considering that it is not subject to essential services within the meaning of of the Labor Code.

The Court had to determine whether the absence of public transportation represented a danger, that is to say a real, obvious and imminent threat to public health or safety which [pouvait] result from itwe read in the judgment of around fifty pages.

Recall that in a press release published in September, the RTC informed users that the collective agreement for its 370 maintenance employees had ended and that talks to renew it were beginning in a climate of collaboration and openness. If these employees go on strike, buses will no longer be allowed to leave the garages and there will be no service.

Disagreement

In a press release, the RTC management said it disagreed with the decision. It is clear that public transport is an essential service for the proper functioning of society and that a strike would have significant impacts on customers and disrupt economic, social and event activities.it is written.

The RTC recalls that a similar judgment deprived users of bus service for five days at the dawn of the Quebec Summer Festival due to the bus drivers’ strike, in the summer of 2023.

Moreover, in its judgment, the Court refers to it several times. The judge notes that the 2023 walkout did not demonstrate longer travel times for motorists or for emergency services. The City did not modify any signage, did not carry out any road clearances and did not redesign any routes during the conflict.

The RTC argued that it was then the height of summer and that there was less travel due to the holiday period. The court rather concludes that if such a small number of interventions were necessary, this suggests that the danger alleged by the RTC in 2023 is apprehended rather than a real, obvious and imminent threat.

No data from the CIUSSS

Even the CIUSSS de la Capitale-Nationale, which testified in this case, did not take care to record, during the drivers’ conflict, data which could have demonstrated that appointments had been missed in the absence of public transport or that patients had given up going to its establishments.

After the conflict, the RTC and the mayor of Quebec asked the Minister of Labor, Jean Boulet, to modify the Labor Code so that collective transportation is considered an essential service. It’s still under “evaluation,” according to his office.

No strike in sight

According to the RTC, there are no short-term pressure tactics or threats of strike likely to harm service in the short term. The process provides that union members cannot use it before December 27.

In the event of a conflict, the buses will remain in the garages, but there will be no impact on the Capital Paratransit Service or the Flexibus on-demand transportation service.