April 30th, 2026

The STTRC Wins Arbitration Decision Regarding Non-Renewal of Contract at CBC

The STTRC recently won an arbitration decision regarding the non-renewal of a contract at CBC. From a union perspective, this decision is significant because it is the first time we have overturned the non-renewal of a contract for a contract employee with more than three years of service, pursuant to Article 48.12 of the collective agreement. This clause has been in place since the agreement signed in 2018.

In the decision rendered by lawyer Dominic Garneau, it was revealed that the complainant had been working as a contract researcher for CBC/Radio-Canada since March 2016. Over the years, she accumulated successive contracts, “such that the parties acknowledge that she has more than three years of seniority within the meaning of the agreement.”

Given her professionalism and efficiency, the complainant’s performance is not in question in this case. “She is even recognized by her colleagues as an efficient and particularly productive researcher, to the point where some refer to her as ‘the machine,’ in reference to her ability to generate and deliver a significant volume of content under tight deadlines.”

In December 2022, CBC/Radio-Canada awarded the complainant a new contract, covering the period from December 15, 2022, to March 5, 2023. Despite this renewal, the complainant was never called upon to work.

In February 2023, the complainant spoke with her manager, who informed her that new staff had been hired and that there were no more hours available for her.

In March 2023, the manager informed her that her contract would not be renewed.

In its pleadings, the Employer argued that its burden of proof is limited to demonstrating, on a balance of probabilities, that it invoked and communicated a reason provided for in the collective agreement, namely Article 48.12(c).

This paragraph stipulates that “recruiting of someone from within or outside the Corporation who happens to be better qualified for the position or is likely to cope more efficiently

with market changes and/or competition.”

Conversely, the STTRC argues that the burden of proof requires CBC/Radio-Canada to concretely establish the validity of the reason invoked.

In his decision, Mr. Dominic Garneau upheld the STTRC’s grievance and wrote that the Employer had not met its burden of proof.

The STTRC and the Employer will begin discussions to determine the remedies due to the complainant.