Labour shortage: the employer could not pay higher wages

Labour shortage: the employer could not pay higher wages

The union is challenging the fact that the employer’s decision to hire day labourers at higher wage rates than those provided for in the collective agreement on the basis of their experience. The collective agreement provides that wage rates are based on seniority. According to the arbitrator, since the wages and their progression were governed by the agreement, the employer could not contravene it by virtue of its residual power of management by entering into individual agreements, despite the labour shortage. Furthermore, the theory of estoppel invoked by the employer cannot be accepted. Indeed, it has not been demonstrated that the derogatory practice took place over a sufficient period of time, which is approximately 30 months. Nor was the union's knowledge and acquiescence to this practice demonstrated. Finally, by seeking compliance with the agreement for the future only, the employer is not prejudiced. The grievance is allowed.

Syndicat des travailleuses et travailleurs du béton du Bas-Saint-Laurent and Béton provincial ltée
2022 QCTA 63, M^e Dominique-Anne Roy