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| What is an Article 39 challenge |
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From time-to-time the University or one of the other unions at Concordia University challenges a professional employee's membership in CUPEU. Historically, most article 39 challenges have come from the Support Staff union (CUSSU) and the Technicians union (CUSS-TC). When an employee's membership in CUPEU is challenged, an Article 39 complaint is filed with the Ministry of Labour arguing that a given professional position should be represented by a union other than CUPEU. The phrase "article 39 challenge" refers to an article in the Quebec Labour Code that allows a labour commissioner to determine whether "a person is . . . included in [a particular] bargaining unit . . .".
CUPEU consistently argues that its members have been correctly assigned to the professional bargaining unit at Concordia University. However, if an article 39 challenge is filed, the union needs to prove to a labour commissioner that the positiuon is a professional position and must substantiate its claim with facts.
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