Recommandations arbitrales dans le Québec, 1950-1952

Sommaire

L'étude subséquente a surtout pour but d'analyser le contenu des recommandations arbitrales de juin 1950 à juin 1952. Comme les conflits sur la sécurité syndicale sont difficilement compréhensibles sans une connaissance de l'arrière-plan historique des problèmes syndicaux, l'auteur résume les principaux événements expliquant l'importance que les unions attachent à la sécurité syndicale. Il porte ensuite son attention sur les clauses les plus controversées parmi les clauses non-monétaires. L'analyse des clauses monétaires est surtout faite par voie de comparaisons avec les clauses moyennes des conventions collectives; l'auteur souligne cependant les limitations inévitables de ces comparaisons.

Sommary

Union officials, employers and politicians are all vitally interested in arbitration because of the part it frequently plays in industrial conflicts. Most of them, no doubt, are familiar with the legal procedure. In order to have knowledge of the actual results of arbitration over a certain period of time, it is necessary to make factual studies of the contents of the Boards' reports.

It would appear that such a study has a useful objective. It takes account of the changes which Boards of Arbitration propose in collective agreements. It draws the attention to the main problems which necessitate conciliation and arbitration. The attitude of the parties is explained and particularly the position of the decisive influence of the chairman of the Board, who is usually appointed by the Minister of Labour. Union leaders will find certain general results, while statesmen should be able to see better the real meaning of arbitration in actual cases and the limitations in its structure and operation.

This undertaking is, however, limited in extent. The study of arbitration awards without also analyzing the collective agreements and their contents, cannot give a clear idea of labour-management relations in the province of Quebec, as it is only in cases where a collective agreement cannot be reached that arbitration is needed. This study is also limited because of lack of standards of comparison. No extensive study of the subject has been made in other provinces; the Department of Labour in Ontario does not even publish the reports. The result is rather unsatisfactory because of the difference in negotiations and arbitration; the only standard of comparison remains studies of collective agreements.

Both grievances and the negotiation of collective agreements form the subjects of the disputes submitted to the Boards. Only six Boards have had to deal with grievances. The majority of the arbitrations have been rendered necessary because the parties have been unable to negotiate agreements. Non-monetary clause, with the exception of union security, seems to cause fewer conflicts. Wages take first place: 147 cases out of 156. Other matters related to wages also come up often: cost-of-living bonus, off-shift premiums, over-time. Paid vacations, statutory holidays, retroactivity and hours of work are dealt with in about half the cases brought to arbitration. The other subjects of controversy are welfare clauses, conditions of work, seniority and the duration of the agreement.

In spite of these factors, however, it may be clearly seen, from this brief statistical analysis that the general tendency in the granting of union security clauses is different in Quebec from what it is in the country as a whole. Certain forms of union security such as the check-off, the closed shop, the union shop, the compulsory check-off and the Rand formula are obviously taboo for most Quebec Boards of Arbitration, that is for the Chairman and the employers representatives.

In the historical context of industrial relations in the Province of Quebec, the importance of the attention given to union security is easy to understand. Union security is not, of course, the only means of integrating unionism in society; when unionism is accepted and becomes an institution, it will no longer pay attention to union security. In the period of union growth, union security takes on real importance, particularly if it meets with powerful opposition. This is the situation in Quebec where employer opposition finds allies in government policy and the weakness of working-class solidarity.

The existence of certain industries where conditions are really below average and where the high cost of living is a serious handicap to the workers, may be clearly seen from the data presented. There is quite a spread between the conditions of work and the wages in these industries and in industry in general. A careful analysis of the causes of this under-productivity would make possible the finding and applying of solutions. A slight but firm increase of union pressure, by improving organization and inter-union cooperation, might perhaps force these industries to increase their productivity.

Generally, arbitration in the province of Quebec does not permit the unions to secure better conditions than those prevailing in manufacturing in general. It only makes possible adjustments to the general conditions in the industry concerned or in industry as a whole. However, some arbitrations in big firms can make a step forward for all industry.

The main question can now be considered: what is the principal object of arbitration? Is it to prevent all conflicts in industry at any cost, or is it to make possible proper improvements in the workers' conditions by submitting the questions involved to an impartial tribunal? In its constitution and its results, it would seem that arbitration has been set up to avoid strikes, even at the expenses of union weakness.

Even if arbitration did not become an instrument of social justice, as the workers desire, it could play the part of a buffer which the law gives it and still keep the confidence of the workers if every trace of politics was kept away from it. However, a number of recommendations have recognized the justice of the workers' claims and have proposed improvements which have served as a basis for post-arbitration negotiations. If the Boards were more soundly constituted and gave their decisions more promptly, they could make a better contribution to labour relations in Quebec.