Juridical extension in Quebec: A new challenge unique in North America

The essence of a system of extending collective agreements to nonunionized parts of an industry which is unique in North America and specific to Quebec is to allow government to make some provisions of a collective agreement compulsory for 3rd parties, employers, and wage-earners who are not parties to the agreement. Most commonly, a sort of 2-stage negotiation takes place. First, the unionized firms, the ones with certified unions, negotiate their collective agreement as they would normally do under the Labor Code provisions. Then a 2nd round takes place on a voluntary basis among the employers and unions that are interested in filing a request with the Minister of Labor to have their agreement extended. When the minister receives the petition of the parties and the text of the agreement, they are first both published. The minister receives any objections during a period of 30 days. The extension is proclaimed by way of a decree or order-in-council. Despite difficulties, the system operates, and most likely, to the satisfaction of the parties directly involved in its day-to-day functioning.