Teleworking agreement: Union agreement was not required

Release date: February 3, 2020

The union is contesting the fact that the employer reached an agreement with an employee—a graphic designer—so that she can telework, even though this matter is not covered by the collective agreement. The union alleges that it needed to consent to such an agreement and that this agreement may be discriminatory, since it concerns only one employee. According to the tribunal, the employer did not amend the collective agreement because there is no provision dealing with teleworking. Nothing in the collective agreement prevented the employer, which retained its residual management rights, from entering into a specific agreement on a matter not covered by the collective agreement. Moreover, unlike other collective agreements, the agreement in dispute does not preclude the conclusion of any individual agreement relating to a working condition without the union’s agreement. The grievance is dismissed.

CUPE, Local 1690 and Ville de Sainte-Julie

2019EXPT-1300, 2019 QCTA 265, Me Andrée St-Georges


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