NEW FORM AND NEW DEADLINES
Starting on June 20, 2018, the job-site steward’s declaration must be sent to the union or syndicate within10 daysof the election.
Any union association has the right to be represented by a job-site steward if at least seven of its members are working on a single site. The job-site steward is elected by the members concerned by secret ballot.
The Déclaration du délégué de chantier
Once elected, the steward must fill out the form Déclaration du délégué de chantier and transmit it to his or her union within 10 days following the election. By signing this form, the steward formally declares that he or she is not in contravention of article 26 of Act R-20. This article stipulates that any individual convicted of certain offences may not occupy the position of job-site steward, nor may he or she be elected or appointed as job-site steward.
Within 10 days of receiving the declaration, the union or syndicate must transmit it by email to firstname.lastname@example.org and then send the original to the following address:
Commission de la construction du Québec
Direction de l’application des conventions collectives
Montréal (Québec) H2M 0A7
When a job-site steward is elected, the union must inform the employer concerned or one of its representatives after sending the Déclaration du délégué de chantier to the Commission.
The dutiers of the job-site steward
Job-site stewards must limit themselves to performing their work for the employer and their duties as job-site steward to during work hours and without a drop in salary. They may investigate disputes concerning application of the collective agreement and discuss them with the employer.
The time allocated to union activities:
- Must be subject to an agreement with the employer
- Must take account of the number of employees represented
- Must not exceed three hours per working day
If the steward is away from his or her position for a period longer than the period agreed upon, he or she must justify this extended absence to the employer.
Conditions for employment priority
Job-site stewards benefit from employment priority on their site if the following two conditions are met:
- At least seven employees who are members of the steward’s union are still employed by the employer on the site in question
- There is enough work to perform for the steward’s trade, job, specialty, or occupation
The job-site steward’s employment may be laid off if one of these two conditions is not met. The employer must, however, provide advance notice of three working days to the job-site steward and his or her union if the layoff lasts more than five days.
Absence for training purposes
Stewards may be absent to take training linked to their duties. This absence, however, is unpaid and its duration must be negotiated with the employer.
Stewards must obtain prior permission for the absence from their employer. The employer must have a reasonable justification for refusing permission.
How many stewards can there be on a single site?
A union association may be represented by a steward on a site if there at least seven employees who are members of that union and working for a single employer. When there are 50 additional employees, a second job-site steward may be elected. After that, other job-site stewards may be elected for each additional group of 50 employees.
Job-site stewards who contravene article 26 is liable for a fine of at least $1,592 for each day or part of the day that the offence continues.
Job-site stewards who make a false declaration or who do not limit themselves to performing their work and their steward duties are liable for a fine of from $455 to $908 for each day or part of the day that the offence continues.
Associations that notify the employer but have not beforehand sent the declaration to the Commission are liable for a fine of from $1,137 to $2,275 for each day or part of the day that the offence continues.
For more information, please contact the Directorate of Application of Collective Agreements at 514 341-7740, ext. 3488.