Syndicat Catholique des Employés de Magasins de Québec Inc. v. Paquet Ltée

Syndicat Catholique des Employés de Magasins de Québec Inc. v. Paquet Ltée

The compulsory check-off clause was held to be a "condition de travail" within the meaning of the Quebec labour statutes because it directly regulates employer-employee relations and, negotiated by the certified statutory representative, binds all employees in the bargaining unit; the clause is not prohibited by statute and the union is entitled to recover amounts withheld and not remitted.

Citation
[1959] SCR 206
Parties
Appellant (plaintiff, Union): Syndicat Catholique des Employés de Magasins de Québec Inc.; Respondent (defendant): La Compagnie Paquet Ltée.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 January 1959
Procedural Posture
Appeal to Supreme Court of Canada (labour Law) / On Appeal From Court of Queen's Bench, Province of Quebec; Appeal Allowed
Outcome
Appeal allowed. Clause declared valid and binding; appellant entitled to recover sums withheld from dissenting non-members; costs to appellant.
Legal Topics
Rand Formula, Check Off Clause, Conditions of Employment, Statutory Representation Vs Mandate, Interpretation of Professional Syndicates' Act and Labour Relations Act
Source Language
English
Labour Law Collective Bargaining Quebec Civil Law Rand Formula Check Off Clause Conditions of Employment Statutory Representation Vs Mandate Interpretation of Professional Syndicates' Act and Labour Relations Act

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Parties

Syndicat Catholique des Employés de Magasins de Québec Inc.

Appellant (plaintiff, Union)

La Compagnie Paquet Ltée.

Respondent (defendant)

Procedural Posture

Appeal to Supreme Court of Canada (labour Law) / On Appeal From Court of Queen's Bench, Province of Quebec; Appeal Allowed

Legal Issues

  1. 1 Whether a compulsory check-off clause is a "condition de travail" under Quebec law
  2. 2 Whether a check-off clause binding non-members is valid under the Labour Relations Act and Professional Syndicates' Act
  3. 3 Whether the union acts as mandatary of employees or as a statutory representative

Ratio Decidendi

The compulsory check-off clause was held to be a "condition de travail" within the meaning of the Quebec labour statutes because it directly regulates employer-employee relations and, negotiated by the certified statutory representative, binds all employees in the bargaining unit; the clause is not prohibited by statute and the union is entitled to recover amounts withheld and not remitted.

Court Disposition

Appeal allowed. Clause declared valid and binding; appellant entitled to recover sums withheld from dissenting non-members; costs to appellant.

Orders

  • Appeal allowed
  • Clause (compulsory check-off) declared valid and binding