After a long-drawn-out struggle, we have finally won a major legal victory. The Court of Appeal rejected the employers’ demand to invalidate regional hiring priority, a fundamental right for workers living in regions. More than just a legal issue, this battle went to the heart of our quality of life and how we protect local jobs. This victory ensures that our rights are protected and that our fight for fairer and more equitable working conditions continues.
Let’s look back at the story behind this long battle:
BUT FIRST, WHAT IS REGIONAL HIRING PRIORITY?
Since 1982, our collective agreements for the institutional, commercial and industrial sectors have provided that an employer must first hire people who live in the region in which a worksite is located.
This obligation makes it possible for workers to earn a living in the construction industry without necessarily having to spend weeks outside of their region while other employees work a stone’s throw from their home.
WHAT IS THE ISSUE AT HAND?
The Association de la construction du Québec (ACQ)’s employers find these provisions too restrictive and tried to have them invalidated, to the detriment of our quality of life.
2014 and 2017
During negotiations, employers asked unions to abandon collective bargaining agreement provisions that address regional hiring priority.
Unions categorically refused.
2019
The ACQ and the ACRGTQ (Association des constructeurs de routes et grands travaux du Québec) asked the Tribunal administratif du travail (TAT) to declare the provisions relating to hiring priority based on place of residence unconstitutional. They wanted the obligation that requires construction contractors to hire locally to be removed.
The judge assigned to the case, Raymond Gagnon, rendered an unreasonable decision on the issue and ruled in favour of the employers. In his opinion:
- “The labour mobility model is now outdated”, and
- Regional hiring priority hinders labour mobility and would be contrary to the Canadian and Quebec Charters of Rights and Freedoms, by limiting:
- People’s freedom to work regionally, and
- Employers’ freedom to hire workers based on geographic location.
CSD Construction strongly opposed Judge Gagnon’s conclusions. We believe that the mobility model is more now relevant than ever. We work to:
- Protect jobs in the regions
Regional hiring priority allows workers living in the regions to earn a living in the construction industry without having to spend weeks working on job sites outside of their region. By working close to home, workers’ commute is reduced and their wages keep the local economy going.
- Make work-like balance possible
Construction workers spend a lot of time on the road. By keeping workers close to home, we prioritize their work-life balance over the needs of contractors.
- Improve working conditions in industry
The construction industry competes with other economic sectors to attract new talent. We need to maintain and improve our working conditions, both for our current members and for future workers.
CSD Construction quickly objected to Judge Gagnon’s conclusions and appealed to the Superior Court for a review of the decision.
2020–2021
During negotiations, unions and employers signed a letter of understanding in which they agree to suspend application of the Gagnon ruling until a court had ruled on its merits.
August 2022
To the satisfaction of the unions, Judge Granosik of the Superior Court of Quebec reversed Judge Gagnon’s decision, stating that the TAT “does not have the jurisdiction to issue declarations of constitutional invalidity.”
September 2022—Today (September 2024)
The ACQ filed an appeal with the Court of Appeal of Quebec. During this period, as requested by CSD Construction, the collective agreements’ clauses that address regional hiring priority continued to apply. The appeal was finally rejected in September 2024, bringing the case to a close.
The original version of this article appeared in the December 2022 issue of CSD Construction’s magazine.
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