A school bus driver can live wherever he wants

Release date: February 10, 2015

The union requested the annulment of a section of the collective agreement which connected the school bus driver to a private student transportation company serving privates schools, as this section was in violation of the right to privacy, a right protected under section 5 of the Charter of Human Rights and Freedoms. This section restricted the employee’s place of residence to within a 10 km radius for any employee wishing to apply for the school route of a school offering a sports/studies program requiring frequent last-minute transportation. The employer imposed this requirement not just for economic reasons, but also to prevent delays, to provide for minimum schedule disruptions and to facilitate compliance with the norms limiting driving time for the drivers. The arbitrator initially acknowledged that the imposition of an obligation of residence to employees in key positions, such as police officers, firefighters or even judges, could be justified. However, he determined that this was not the case here and concluded that the section did violate the Charter and that this violation was not justified. The section was consequently annulled and re-posting was ordered without obligation of residence.

Syndicat des travailleuses et travailleurs des Autobus RM – CSN v. Autobus RM Inc. 2014 QCTA1025, DTE 2015T-28, Mario Létourneau Esq.

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