Bergeron et als. c. AQTIS 514 AIEST, 2023 QCTAT 3532, 17 juillet 2023

The Tribunal (TAT) dismisses the complaints against the AQTIS 514 IATSE of three members based on section 24.2 of the Quebec status of the artists Act alleging the association’s breach of duty of fair representation.

Section 24.2 was introduced to the Act in 2022. The previous version of the Act did not impose a duty of fair representation on the associations of artists. This is the first decision rendered on a DFR complaint against an artist union under the Quebec Act.

The plaintiffs were accusing the AQTIS 514 AIEST of breaching its own bylaws and were alleging problems in its internal governance. The plaintiffs also targeted a transaction agreement between the Local and one of the plaintiff, who was a former employee of the Local.

The TAT finds that its jurisdiction on such complaint is limited to the role played by the association in the employment relation between employee-union-employer. The TAT does not have jurisdiction on matters relating to the internal affairs (administration) of unions or associations. This is rather a matter within the jurisdiction of common law courts.

The TAT adds that section 24.2 of the Act is even more explicit than section 47.2 of the Quebec Labour Code as to the limit of the TAT’s jurisdiction, which covers only the role of an artists’ association “during the negotiation of a collective agreement or its application.”

In this case, the complaints did not concern the conduct of the AQTIS 514 IATSE during the negotiation of an agreement or its application, but rather its conduct of internal affairs. The TAT therefore finds that it has no jurisdiction.

The TAT adds that the transaction settling a dispute between a former employee and member of an association and the said association is not part of the activities related to the negotiation or application of a collective agreement.

Finally, the TAT concludes that the complaints were filed outside the six months time limit provided for in the Act.

To see the full legal decision, click here.

English (Canada)