Travailleurs+et+travailleuses+unis+de+l’alimentation+et+du+commerce,+section+locale+501+v.+La+Légumière+Y.C

Jurisdiction || Commission des relations du travail || Facts || - A protocol was adopted in 1974 between the Canadian and Mexican governments for foreign, seasonal workers. Renegotiated in 1995. - Employer agrees to hire the seasonal worker for a period of at least 240 hours for six weeks or up to 8 months - Employer must provide adequate housing for Mexican workers - All Mexican workers are to have the same rights as Canadian workers - The salary of the seasonal worker is to correspond with the current salaries in that profession - Working conditions must satisfy Canadian norms, although Mexican authorities do reserve the right to determine most of the working conditions - About 70% of workers return to work for the same employer year after year - Majority of workers remain in Canada for 6 months - If there is already a union at the place of employment, the MICC asks that the employer obtain permission from the union before hiring a seasonal worker  || Issue || (1) Does the //Code du travail// apply to foreign workers if it is in conflict with federal law (law on Immigration and protection of Refugees)? Should it be declared inoperable in accordance with constitutional law? (2) Do seasonal workers have the right to union accreditation according to art.21, ligne 5 in the //Code du Travail//? || Holding || (1) No, //Code du Travail// is not held inoperable (2) No || Ratio || // (1) Constitutional Inoperability // ss. 91 & 95 in //BNA 1867// - If there is a conflict between provincial and federal laws, the provincial law may be rendered inoperable. However, in the present case, there is no //real// incompatibility between the federal and provincial laws. - Even if the Protocol was an international treaty (which it is not) it must conform to internal, domestic law. Canadian law will always trump international obligations. An international law will not have effect on internal or municipal law unless it has been incorporated into the internal law by a legislative body - PTAS Protocol cannot displace the effect of the //Code du Travail.// The protocol of PTAS is an administrative arrangement and does not create any international obligation. Its ultimate objective/goal is to facilitate the entry of Mexican workers into Canada. The program, because it is voluntary, places no conditions of employment on the foreign workers or employers // (2) //// Right to Accreditation  // // ­ // Art. 21, ligne 5 //Code du Travail// Employees of farms are not considered salaried workers because they do not have continued and ordinary employment - Need to have 3 or more permanent employees in order to demand accreditation - The respondent’s arguments go against the intention of the Quebec legislature when it enacted s.21, ligne 5. It is absurd to think that accreditation does not employ to seasonal workers simply because the farm does not operate in the winter - nonetheless, still no rights to accreditation ||
 * // T.U.A.C., local 501 c. Legumiere Y.C. inc //**

// PTAS // : Programme des travailleurs agricoles saisonniers // FERME : // la Fondation des entreprises en recrutement de main d’œuvre agricole étrangère // RHDCC // : Ressources humaines et du développement des compétences du canada // PTET : // Programme des travailleurs étrangers temporaires CIC : Citoyenneté et Immigration Canada