Article 40 - Contracting-out

40.01

Any contract between the Employer and a third party that directly or indirectly takes away all or part of the duties performed by employees covered by the certification obliges the Employer to undertake the following responsibilities to the Union and employees:

1. First, the Union must be given an opportunity to examine the economic and non-economic basis for the institution’s plan and, within a period of no more than sixty (60) days, propose an alternative that can meet the institution’s objectives while respecting the parameters of the plan. To enable the Union to analyze the plan fully, the institution provides it with the relevant information. This sixty (60)-day period begins on the date the Union receives the above-mentioned information. The provisions of this paragraph also apply when a contract is renewed.

2. The Employer must advise the third party of the existence and content of the certification and collective agreement.

3. The Employer must not proceed with any layoffs, firings or dismissals arising directly or indirectly from such a contract.

4. Any change in the working conditions of an employee affected by such a contract must be made in accordance with the provisions of this agreement.

5. The Employer must send the Union a copy of any such contract within thirty (30) days of when it is signed.

40.02

The Employer agrees that the fact that a subcontractor’s employees are exercising any right whatsoever under the Labour Code (CQLR, c. C-27) cannot be the main consideration or grounds for terminating a contract with a third party.

40.03

Sale of services to a third party Within thirty (30) days of the conclusion of a contract between an institution and a private agency or another institution in the system for the supplying of laboratory services, the institution informs the Union. Upon request, the Employer gives the Union a copy of the contract reached.

40.04

The provisions of this Article do not apply to private institutions under agreement.