Comment

Reflections on the Quebec Public Sector Contract Negotiations* MONA-JOSEE GAGNON nasmuch as contract negotiations in the public and parapublic sectors in Quebec have been centralized, they have attracted much media attention; the achievements and errors of the protagonists have hardly gone unnoticed. This is certainly the case with the 1989 negotiations. At this writing, some of the major labour groups are either without an agreement, still in conflict or on the verge of resuming pressure tactics, 1 so that a comprehensive overview is not yet possible. Even so, three key features of this round of bargaining are already apparent: 1) diverging union policies and strategies on the issue of pay equity, an issue which legitimated most of the unions' demands; 2) a breakdown in the legitimacy of the framework created to ensure orderly labour relations prompted by the unions' resort to legal and illegal strike action; and, finally, 3) an unprecedented level of fragmentation amongst the unions with professional groups playing a much more important role in this round than they did in the Common Front of 1972.

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1. Pay Equity Public sector union negotiations have generally attracted a great deal of public attention and have often succeeded in swaying public opinion in favour of *Translated by Johanne Ostiguy.

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progressive demands: 'minimum' wage for one and all, especially the extension of this minimum to women; parental rights, the right to maternity leave in particular; pay equity; etc. In this respect, it can be said, even without quoting statistics, that union action in the public sector has been a positive driving force behind the improvement of working conditions for all workers. Pay equity was central to the 1989 negotiations, but the issue had in fact been broached during the previous round of negotiations. At that time, agreements had been signed which made the issue a priority. Moreover, the labour unions had brought test cases before the Human Rights Commission and the government, for its part, had already undertaken some investigation of pay inequities.2 Well in advance of the negotiation, it became clear to all concerned that pay equity and, consequently, salary adjustments for female employees, would dominate the 1989 round. Another point quickly became evident: the unions had adopted widely divergent policies and strategies on this issue. The key players, the Confederation of National Trade Unions (CNTU) and the Quebec Federation of Labour (QFL) held opposing views with respect to three specific issues: whether the plan of implementation should be jointly agreed upon in advance of negotiations or whether the union should unilaterally undertake determination of the necessary changes to the pay scale; what job evaluation method would be used; and what kind of message should be conveyed through the media, internally (i.e. to the membership) as well as externally. Upon signing a letter of agreement in 1987, the QFL embarked on a joint venture in cooperation with government representatives to establish the guidelines for the job analysis process: selection of a method, identification of factors, design and distribution of questionnaires, etc. Dozens of union researchers and 2,500 QFL members were intimately involved in this step; on the employer's side, regional managers also played an important role.3 In taking this course, the QFL and its major affiliate, the Canadian Union of Public Employees (CUPE), chose the usual approach for a unionized environment where job evaluation plans are al170

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ready in place - representation from both sides being an inevitable component. At the end of this process, the union formulated 'catch up' demands amounting to $335 million, and settled in October for $210 million over and above the regularly scheduled increases which had been negotiated separately. On the other hand, the CNTU, bolstered by a letter of agreement signed in 1987 in which both parties agreed that pay equity would be given priority during the next round of contract talks, took unilateral action on the issue. The union established its own method of evaluation, and the analysis was then conducted by CNTU activists. Three hundred jobs were assessed. Upon completion of the study, the union demanded a 'catch up' settlement of $427 million. An agreement has yet to be reached on this issue. The second notable difference between the two unions lies in the job evaluation method adopted by each. The QFL implemented a detailed, systematic and thoroughly documented 'points and factors' method which is commonly used by CUPE. The CNTU, by contrast, adopted a global classification method based on a more flexible factor analysis, and better suited to a confrontational strategy in which the union would use its bargaining power to redress pay inequities. Since the enactment in North America of laws establishing the principle of equal pay for equivalent work, job evaluation plans have been largely accepted. Agencies charged with enforcing such laws as well as most researchers are agreed that evaluation plans are the only viable method for comparing jobs and· applying the laws. There may very well be sexist or other biases in these plans but these are identifiable precisely because of the nature of the plans (Le. with descriptions of factors and weights). By contrast, the bargaining power approach, however wellmeaning, leaves few tangible traces apart from the final result: a salary scale which by definition cannot please everyone. This is so much the case that the whole North American labour union movement in time has come to accept the notion that job evaluation plans are closely linked to the goal of pay equity. 171

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Not that everyone has enthusiastically embraced this notion. In the past, several unions have rejected job evaluation schemes because they were a means of transforming what was essentially a political issue into a technical matter. They claimed that the process was misleadingly objective and interfered with the bargaining process. The joint nature of the scheme constituted another less than appealing aspect for unionists. Faced with this debate, the QFL followed the typical course of action of unions favourable to the plans, whereas the CNTU attempted a compromise solution. Currently, observers estimate that the QFL settlement will constitute the model which the CNTU will ultimately have to accept. There are only a few cases in which the balance of power seemingly weighs so heavily in favour of the unions that there is no need to use evaluation plans at all. This was the case with the nurses who based their 'catch up' demands on a salary comparison with other health care professionals. This was sufficient to enlist the support of the public and to enable them to negotiate a satisfactory settlement. Very few women who were the subject of salary discrimination were in the same position. Given the approach chosen by both unions, their respective communications strategies were also quite different. The QFL's was generally low profile, which was consistent with its involvement in a joint process. Its approach applied to all classifications therefore it theoretically was helpful to all victims, male or female, of unjustified salary inequities. Its main explicit goal, of course, was to redress women's salaries, which would be the inevitable consequence of a non-sexist systematic approach. The CNTU's strategy as a whole was more in keeping with the kind of stance favoured by those on the left, including left feminists. Its more aggressive and militant message concentrated almost exclusively on salary discrimination against women. This message was in fact transmitted by influential factions of the Quebec feminist movement. What occurred was, so to speak, a sort of ideological osmosis. Anyone who, in 1988-1989, moved in labour union or feminist circles would be familiar with the comparison, so commonly raised, between secretaries and building painters 172

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(or else plumbers) or between daycare technicians and zoo keepers, the salary disadvantage of the former being understandably decried. But the question which this raises remains: Does the women's cause, and more specifically the call for salary adjustment of traditionally female jobs, depend on the denigration of traditionally male jobs in order to demonstrate the exploitation of women? Nominal salary comparisons not only depart from the ideal of solidarity at the heart of the labour union movement, they also often turn into disparagement and demagoguery. These comparisons perhaps do more to reveal the class prejudices and values of those who make use of them than they do to actually convince anyone of the need for redress. Not the least advantage for those who favour methodical job evaluation plans is that they avoid this questionable and potentially divisive practice. Pay equity was indeed central to the most recent round of negotiations but, unfortunately, it served to bring to light the differences between the unions concerned. Nonetheless, the public sector unions did contribute significantly to the legitimation of women's demands in general and have supported their action and that of their unions in the private sector. 2. The Breakdown of Legitimacy As of November 22,4 1989 had seen 211 public sector conflicts involving 304,177 employees, for a total of 1,477,197 lost person-days. A significant number of these were emplo!ees striking illegally (between one quarter and one third). The most noticeable was the struggle of the 40,000 nurses seeking a salary adjustment. Their cohesion, their determination, and their repeated defiance of the Quebec government (in the form of illegal strikes), will undoubtedly go down in labour union history. This conflict and those involving the CNTU (125,000 members) and the Centrale de l'enseignement du Quebec (CEQ) (130,000 members) combined to emphasize the breakdown in legitimacy of the existing legal framework. The laws governing labour relations throughout North America narrowly define and closely regulate the right to 173

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strike. It is, in fact, a right which can be exercised only at specific times and only as long as certain conditions have been met; and these conditions may vary.6 In the public sector, the right to strike is usually subject to additional legal restrictions. For the last twenty-five years, employees in the Quebec civil service have in theory had the right to unionize and the right to strike. Successive governments, however, have either modified or ignored such rights by passing numerous pieces of special back-to-work legislation or by refusing outright to negotiate salaries. The most recent attempt to modify and redefine the framework (Bill 37) occurred in 1985. Thus in terms of union rights, the public sector unions are the poor cousins of the labour movement. It has never been easy to impose a special set of rules regarding the right to strike upon public sector unions, but in 1989 it also proved futile. A point had been reached at which the unions concerned felt that, since legality itself had become subject to ever-changing legislative technicalities (often disregarded by the very government which had designed them), they must revert to a more primitive and consensual notion of legality. Thus public sector unions decided to comply with the regulations which are in effect in the private sector: take a democratic vote, give notice, strike. Undoubtedly, these are the points on which legitimacy meets legality. It might be advisable to stop fantasizing about the 'ideal legal framework' which could curtail the propensity to strike to the point of nonexistence. A legal system can not be expected to produce more than it has the power to produce. Since it is generally accepted that some expression of conflict, whether between individuals, groups, or employer/employees of the private sector can lead to improved relations and negotiations, why should it not be equally true in the public sector? During the 1989 round of contract negotiations, public support of union demands remained strong, even in the midst of illegal strikes. This was true in the nurses' case, of course, but equally true for the members of the CNTU and the CEQ who followed suit. Polls taken in June and in September 1989 are quite clear on this point. Even the Conseil du Patronat (Quebec Employers' Council) first supported 174

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the nurses' demands of the government and did not withdraw this support until long after the first illegal walk-out. Were it not for the on-going election campaign in Quebec at the time, the collapse of legitimacy of the framework governing labour relations would no doubt have been more obvious. The Essential Services Act (Bill 160), passed in 1986 and unanimously denounced by the unions, embodies the sanctions of the legal framework. It was applied against the Federation des infirmieres et des infirmiers du Quebec (FIIQ), the CNTU and, to some extent, the CEQ. The Bourassa government's decision to use its power of decree to quell the strike movement during the election campaign proved futile in the short-term, .however, and only served to further emphasize the inadequacy of legal threats. The strikes did not end until contract talks had been resumed. Government sanctions in this instance are illustrative of the problems which public sector unions face. Unions claim that, thanks to the legislative and legal arsenal at its disposal, the government is in a position to ignore the principle of negotiating in good faith, pushing the unions into conflicts which may turn public opinion against them. This did not, of course, happen this time around but the difficulty remains. Yet another problem lies in the way these sanctions have been implemented, since some of them are aimed at individuals rather than unions themselves. Apart from the questions of practical application and equity which this raises (for example, are persons on holiday to be considered on strike or not?), the individual character of the sanctions goes against the spirit of the labour relations legal framework which enshrines the notion of a strike as a collective act on the part of the union. As such, it is customary not only for the majority rule to apply in regards to the strike vote but also for those in the minority to join in. The 'total' nature of a strike is so well established that anti-scab labour measures were added to the Labour Code in 1977. The individual sanctions contained in Bill 160 therefore seem to run counter to the spirit of the laws and, at any rate, do not enhance their coherence or their legitimacy.

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The troubled nature of labour relations in the public sector is one of the most evident aspects of the evolution of labour relations world-wide over the past few decades. This upheaval is all the more notable in that it contrasts sharply with the relative calm experienced in the private sector. In these times of expanding international trade and homogenization of public policies, the root causes of disturbances in the public sector always seem to involve budget cuts, public service reductions, attempts, whether voluntary or not, by international organizations to reduce deficits.7 The action of Quebec nurses also reflects to some extent broader, more global trends. Nurses everywhere are seeking greater professional recognition and salary adjustments in accordance with that recognition, as well as asserting their feminism. In many respects Quebec's public sector problems are not exceptional. What may be less common is that in Quebec the labour relations legal framework now has so little public credibility. 3. Divided Labour Unions The centralization of contract negotiations in 1972 occurred in reaction to the government's decision to impose a salary policy on its negotiation partners. Since the power structure in Quebec had declared itself so unequivocally, the unions had little choice but to rally strategically, forming a Common Front. Since 1972, however, strategic unity has been on the decline and with every new round of contract talks the unions have become more and more fragmented. The only complete Common Front was that of 1972. During the last two rounds of negotiations even tactical alliances have failed to hold. Within each union, various groups adopt different strategies and do not feel bound in any sense by the difficulties experienced by others. It is also well-known that attempts at raiding, often unsuccessful, are still a common occurrence and that unions nourish competing ambitions. For example, the CEQ has begun branching out into the social affairs sector and wishes to consolidate its position as union of the civil service employees. Finally, not only are there more independent unions than ever before, but some of them have achieved an important level of credibility inside and outside 176

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the labour union movement. The newly formed independent nurses' union is a shining example - it successfully pressured the government into backing down. That is a far cry from independent unions' usual 'accomplishments': i.e. getting, with the least possible hardship, the same or somewhat less than what was conceded to the larger labour unions. Public sector unions are further undermined from within by the fact that part-time workers and those on short-term appointments make up an increasing proportion of their membership. In the social affairs sector, 60 percent of unionized employees work part-time, often against their wishes and many hold more than one part-time job. The unions experience further logistic difficulties in contacting part-time members whose schedules fluctuate; participation at meetings is particularly problematic. These problems are compounded by the fact that part-time employees perceive their job and their union differently; the workplace is not their main concern, their allegiance to their union is less firm. Despite this, some groups seem to have made progress during the last round of negotiations. Certain collective agreements will allow the creation of full-time positions from the pool of part-time positions (social affairs, QFL) while others will grant permanent status to a portion of employees holding short-term positions (college professors, CEQ). Another aspect of the fragmentation of unionism in the public sector is the large number of affiliated units within the same workplace. This is particularly true in the social affairs sector where many professional categories co-exist. Unlike the North American 'industrial model', in which blue collar workers (including specialized trades) are grouped in one unit, and white collar workers (including semi-professionals or professionals) in a second unit, the general tendency in the Quebec public sector is to separate professionals, office staff, and workers into different groups. At times, workers are further subdivided to enable technicians to form their own unit. Apart from some atypical cases such as the Syndicat des employes de l'Universite du Quebec Montreal which encompasses support staff, professionals and workers alike, the prevalent unionization model

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is one which recognizes job-related distinctions. It is not uncommon to encounter as many as fifteen, twenty, or more affiliated units within a single hospital. Each of these units represents one category of professionals, whose salary guidelines and other monetary issues are negotiated centrally, on a provincial basis. Following the latest legislative attempt at ordering negotiations in the public sector (Bill 37), which officially recognizes the right to negotiate local agreements on non-monetary issues, the risk of increased fragmentation of unions appears even more ominous.f This situation is, however, a reflection of ever-proliferating professional identities. In a number of cases, this movement has led to the secession of professional groups from the larger unions and the creation of smaller independent unions. During the 1970s, at a time when unions were more cohesive, low-paid and less-qualified workers were able to improve their comparative lot; this resulted in compressed salary scales. This period is over now and groups of better educated employees intend to improve their own situation by using their professional qualifications. It has become increasingly difficult for labour unions representing many different categories of employees to reconcile these differences and to minimize centrifugal tendencies. The remarkably efficient struggle carried out by the nurses in this regard is representative of this new professional unionism. Regardless of the merits of the claims made by this group, their success aptly illustrates the profitability of the 'everyone for him/herself' strategy. Of course, isolated and corporate struggles can lead to tactical alliances in solving common problems. This is happening now with various organizations hit by Bill 160 who have undertaken common legal action. Nonetheless, we can justifiably wonder if an authentic labour union movement still exists in the Quebec public sector, or if we are building a future in which fragmented corporate actions will eventually enable the most powerful groups to improve their relative situation. The situation of unions in the Quebec public sector is a reflection of the situation which prevails in Quebec unionism in general. Although lured by the possibility of immediate profit entailed in the strategy of separate frag178

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men ted action, at times reminiscent of a gathering of interest groups, labour unionism still dreams out loud of being a solidarity network driven by a c.ommon vision of society. Notes 1. 2. 3.

4. 5. 6. 7. 8.

As is the case for the affiliates of the Confederation of National Trade Unions. In particular through a Groupe de travail intersectoriel on the subject established by the Conseil du Tresor (report submitted in 1986). Institut de recherche et d'infonnation sur la remuneration, "Les principes de l' equite salariale et Ies approches dans Ie secteur public quebecois," October 1989. Figures obtained from the Centre de recherches et de statistiques sur le marche du travail (CRSMT) of the Quebec government. The distribution between legal and illegal strikes is not up to date. This legalization of the strike may seem regrettable, but is no longer questioned by the labour unions. See E. Cordova in Revue internationale du travail, 124,2,1985 and M. Ozaki in Revue internatlonale du travail, 126, 4, 1987. There are twenty-seven collective agreements in the public education sector, and sixty-five in the health care sector. Figures obtained from the CRSMT (November 1989).

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