- May 25, 2021
- Collective Agreement Interpretation
On January 23, 2017, Arbitrator Bernard Lefebvre rendered two decisions in interest arbitrations: one with respect to a first collective agreement between the Union and the Cineplex Entertainment LP (Ste-Foy Cinema); and second with respect to a first collective agreement between the Union and the Famous Players Limited Partnership (Laval Cinema) (“the Decisions”). In the Decisions, the Arbitrator considered twenty-six items on which the parties had not reached an agreement.
Cineplex Entertainment LP and Famous Players Partnership Limited filed an application for judicial review of the Decisions with the Superior Court of Quebec.
On March 23, 2017, the Court ordered that the Decisions be stayed until the determination of application for judicial review.
The Court allowed the application for judicial review, in part. It ruled as follows on the questions before it:
- The application for judicial review is not premature even if it concerns a preliminary award by Arbitrator Lefebvre, rather than a final award.
- The Decisions can be reviewed by the Court on a standard of reasonableness; however, on the issue of jurisdiction that the Arbitrator raised, the standard of correctness should apply.
- The Arbitrator made a reasonable decision in determining, as he did, the provisions regarding the duration and retroactivity of the collective agreement, as well as the provisions regarding sick leave and sick days. However, the Arbitrator did not make a reasonable decision in determining the salary grid since the Decisions lacked justification in this regard. Specifically, the Arbitrator ordered a salary scale that did not reflect the scale proposed by the employer or the union without providing reasoning for his decision.
- The Arbitrator did not err by retaining jurisdiction to modify, complete or add to the Decisions, if necessary.
- If necessary, outstanding issues and questions in the interest arbitration should be remitted to Arbitrator Lefebvre, rather than being forwarded to another referee.
The Court then set aside the salary scales in the Decisions and remitted the issue to Arbitrator Lefebvre. It also ordered that collective agreements apply in the meantime, except for pay scales.