Union found in contempt over Dec. 8 illegal strike

Montreal’s blue-collar union has been ruled in contempt of court for staging a one-day illegal strike Dec. 8., despite a formal injunction issued by the court the previous day.

Along with four of its directors — union president Chantal Racette, vice-president Michel Martin, secretary-treasurer Jacques Rochon and archival secretary Michel Jeannotte — the union could be facing penalties of $50,000, or, in the case of the directors, a prison term of one year each.

Amid acrimonious contract negotiations between the city and the SCFP (CUPE) Montreal division, on Dec. 3, the city had got wind that the union was planning to hold a “special general assembly” at the Palais des Congrès five days later. It addressed its concerns to the Commission des relations du travail, which on Dec. 7 issued an injunction against the assembly, to be held during working hours.

The Superior Court decision, rendered Thursday, reproduces the invitation to the assembly, where union members are invited to participate in great numbers.

The union could not be reached for comment Thursday. In their defence before the court, the directors argued that they had never received notice of the injunction.

Calling it “wilful blindness,” lawyers for the city argued however that they had emailed and faxed copies of the notice to the union and each of the directors. News reports on the injunction were also featured in several media outlets. The court agreed.

“The defendants preferred to hold the assembly instead of cancelling it,” Superior Court Judge Michel Déziel wrote in his decision. “They chose to persist in their prohibited acts and in so doing incited employees, union members, to take part in a general strike.”

Reached for comment Thursday, city spokesman Gonzalo Nunez said “The city is satisfied with this decision, which sends the message that no one is above the law. The city is confident that this decision will have a dissuasive effect on future illegal acts that would deprive the population of the public services to which it has a right.”