Excluding front-line supervisors at a Montreal casino from organizing under the Quebec labour-relations regime does not infringe their constitutional rights, the Supreme Court of Canada has ruled.
As part of the petition, the association asked that the exclusion of managerial personnel from the definition of “employee” in the provincial labour code be declared “constitutionally inoperative.” However, the Quebec Court of Appeal overturned that decision, prompting the employer to take its case to the Supreme Court.
Jamal found the association’s claims were indeed grounded in the provision, including the right to form a body independent from the employer, to make collective representations to the employer and to have them considered in good faith. – avoid placing managers in a conflict of interest between their role as representatives of the employer and their role as employees in collective bargaining;
Employer Jamal Court Exclusion Rights Role Definition Supreme Court Of Canada Quebec Montreal
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