The union representing the STM’s 2,400 maintenance employees plans to strike for 28 days in November, including the municipal election on November 2. It would only offer essential services during rush hours.
The union, which is affiliated with the CSN, has announced a third strike at the Société de transport de Montréal, which is scheduled to begin on October 31 at 10 p.m. and end on November 28 at 10 p.m.
To determine which essential services should be maintained, the Administrative Labour Tribunal heard arguments from both parties all morning on Monday.
The parties generally agreed on the provision of essential services during the strike days, except for the municipal election day on November 2.
The STM is requesting that the morning and late afternoon essential service blocks be extended by two additional hours, i.e., five hours instead of three, to facilitate voting on that day.
Polling stations are open from 10 a.m. to 8 p.m. “A three-hour afternoon period for maintaining essential services is insufficient and constitutes a substantial obstacle to the democratic values protected by the Charter,” argued STM lawyer Jean-René Lafrance.
The extension of the duration of essential services on November 2 is “the minimum that must be ordered for the employer,” he added.
The union is opposed to extending essential service hours on election day. “We’re experiencing a minor disruption, perhaps for a few people,” argued union lawyer Roxanne Lavoie.
She argued that citizens have other ways to vote, such as Bixi, their own bike, car sharing, walking, and driving. In addition, citizens could vote early, she argued.
“We’re in a very, very minor inconvenience. I’m not even sure if it’s the equivalent of a pebble in the shoe,” she concluded.
Furthermore, the STM’s lawyer specified that “discussions between the parties” were still ongoing for November 22, when a “major event” is planned in downtown Montreal. It will in fact be the Santa Claus parade, which traditionally brings tens of thousands of people to Sainte-Catherine Street, many of them with strollers or young children.
In assessing the sufficiency of a list of essential services, the Court must consider whether the health and safety of the public are sufficiently protected.
The STM’s lawyer therefore asks him “to go beyond this criterion and examine the balance between fundamental democratic values and the right to strike.”
Administrative judge François Beaubien has taken the case under advisement. He is expected to render his decision by Friday.
–This report by La Presse Canadienne was translated by CityNews
