In this interlocutory ruling, the Tribunal administratif du travail (TAT) rejects the application of a member of local 56 (the applicant) to intervene in the debate concerning the petition for certification of local 56 with the employer Opéra de Montréal.
At the hearing, the applicant argues that the certification could be detrimental to his interests. In particular, he argued that Opera de Montréal is not the real employer. He also admits that he is not included in the bargaining unit sought by local 56.
The TAT refers to article 32 of the Quebec Labor Code and concludes that, regarding the bargaining unit, the applicant clearly is not an interested party. The applicant cannot plead on behalf of others. It is up to the Opéra de Montréal to argue that it is not the true Employer.
As for the question of determining the representative nature of the local, since he is not part of the bargaining unit in question, the applicant is not an interested party in this regard either.