Unions and security guards in Quebec: how it works

You work for an agency and you wonder what a security guards' union is for, or how to go about unionizing? In Quebec, the trade has one particular feature: a decree already sets minimum conditions for all agency guards, unionized or not. This article explains, with the legal texts to back it up, how the decree and the union fit together, how unionization works and what it changes in concrete terms. It takes no side for or against: it is up to you to judge.

The Decree or the union: what applies to a security guard?

The Decree and the collective agreement are two separate tools.

• The Decree (Decree respecting security guards, CQLR, c. D-2, r. 1) stems from the Act respecting collective agreement decrees. Section 2 of that Act allows the government to order that a collective agreement binds all the employees and all the employers of a sector. The Decree therefore applies to all agency guards, whether they are members of a union or not. Its provisions are public policy (s. 11 of the Act) and it is forbidden to pay less than the wage it sets (s. 12).
• The collective agreement that comes with certification falls under the Labour Code. It is negotiated between an employer and the union certified to represent its employees, and it covers only the employees of that bargaining unit.

The two are layered: the collective agreement can grant more than the Decree, never less. Section 13 of the Act specifies that clauses providing for higher pay or more extensive benefits than the Decree are valid. For the details of the minimums (rates, overtime, vacation, notice), see our article the security guards' decree explained.

Who negotiates the security guards' decree?

The Decree rests on an agreement between "contracting parties". According to section 0.01 of the Decree, they are:

These are also the parties that can oppose the automatic renewal of the Decree. Section 9.01 provides that it remains in force until July 4, 2027, then renews from year to year, unless a contracting party sends a written notice of opposition in March. The Comité paritaire des agents de sécurité (the parity committee that enforces the Decree), for its part, administers the Decree and sees that it is respected. For what may come next for the rates, read security guard pay in 2027.

Being covered by the Decree does not make you a member of the signatory union. Joining a union and certification at your agency are separate matters, governed by the Labour Code.

How do you unionize as a security guard?

The starting point is section 3 of the Labour Code: every employee has the right to belong to the association of employees of their choice and to take part in its formation and its activities. To obtain the right to negotiate a collective agreement with the employer, the association must be certified by the Administrative Labour Tribunal (TAT).

1. Sign a membership form. To count as a member, the employee must be part of the unit concerned, have signed a dated membership form that has not been revoked, and have personally paid union dues of at least $2 in the 12 months before the petition (s. 36.1).
2. File the petition. The association files a petition for certification with the Tribunal, authorized by resolution and accompanied by the membership forms (s. 25). The employer must post the petition for at least 5 consecutive days, along with the list of the employees concerned.
3. Check representativeness. A labour relations officer checks the association's books and the list of employees (s. 28).

What majority is needed?

Section 21 grants certification to the association that groups the absolute majority of the employer's employees (or of the group concerned). Under section 28:

• more than 50% members: certification without a vote, if the employer and the association agree on the bargaining unit
• between 35% and 50% members: a vote by secret ballot is held, and the association is certified if it obtains the absolute majority of the votes of the employees in the unit
• disagreement on the unit: the employer must explain its reasons in writing and propose another unit. If it does not do so within 15 days, it is presumed to agree.

How much are union dues?

The amount is set by the association, not by law. Once the association is certified, section 47 of the Labour Code (often called the Rand formula) requires the employer to withhold the dues from the wages of members, and an equal amount from the wages of all the other employees in the bargaining unit, members or not. The employer remits these sums to the association every month.

Since 2026, the law distinguishes between main dues and optional dues. Some activities, such as advertising campaigns on partisan political subjects, must be funded only by the optional dues (s. 47.0.1).

The dues are added to the deductions already on your pay, including the Comité paritaire levy. To estimate the effect on your pay, see a security guard's net pay in 2026.

Can the employer punish a guard who wants to unionize?

No. The Labour Code provides several protections:

• the employer cannot seek to dominate, hinder or finance an association of employees (s. 12)
• no one can use intimidation or threats to induce someone to become a member, not to become one or to stop being one (s. 13)
• the employer cannot refuse to hire, threaten, penalize or take reprisals against a person who exercises a right provided for in the Code (s. 14), but it keeps the right to penalize for a good and sufficient cause that it must prove.

An employee who is dismissed, suspended, transferred or targeted by reprisals can file a complaint with the Administrative Labour Tribunal within 30 days (s. 16). If the employee establishes that they were exercising a right provided for in the Code, they benefit from a presumption: it is up to the employer to prove another good and sufficient cause (s. 17). The Tribunal can order reinstatement within 8 days and payment of the wages lost (s. 15).

Do unionized security guards have the right to strike?

Yes, under the general rules. A strike is prohibited as long as the association is not certified and has not acquired that right (s. 106). The right to strike is acquired 90 days after the notice to bargain is received, unless an agreement is reached or the parties choose arbitration (s. 58). A strike is prohibited during the term of a collective agreement (s. 107).

Essential services can be imposed: if a strike could endanger public health or safety, the Tribunal can order that they be maintained in a public service, or in an enterprise whose activities make it comparable to a public service (s. 111.0.17). The Tribunal decides, case by case. Since 2025, the Code also provides for "services ensuring the well-being of the population" (s. 111.22.3 and following).

What can a union do beyond the Decree?

The Decree sets a floor for the whole sector. A collective agreement can go further on matters specific to the agency or the site: rates above the minimum, seniority for schedules and assignments, a grievance procedure, group insurance, and so on. The Decree itself provides that a collective agreement can arrange certain things differently, such as the staggering of working hours (s. 3.01.1) or the start of the reference year for vacation (s. 5.01).

In return, the dues are mandatory for all the employees in the unit, and the agreement binds the whole group, including those who would have preferred other conditions. In a non-unionized agency, the Decree, the Act respecting labour standards and your individual contract are what apply. The Comité paritaire remains your recourse for compliance with the Decree. In a case of violence at work, also see your rights if you are assaulted at work.

Frequently asked questions

What is the best union for security guards?

This site does not rank unions. In Quebec, the union party named in the Decree respecting security guards is the Syndicat des Métallos, section locale 8922 (FTQ), according to section 0.01 of the Decree. Every employee has the right to belong to the association of employees of their choice (s. 3 of the Labour Code). The Decree applies to all agency guards, whether they are members of a union or not.

Do I have to be unionized to be entitled to the Decree's rate?

No. The Decree binds all the employers and employees within its scope, unionized or not, and it is forbidden to pay less than the wage it sets.

How many co-workers does it take to unionize?

It takes the absolute majority of the employees in the bargaining unit. With 35% to 50% members, a vote is held and the association must obtain the absolute majority of the votes.

If I am not a member of the union, do I pay the dues?

Yes, if a union is certified for your unit: the employer withholds an amount equal to the dues from the wages of every employee in the unit, member or not (s. 47).

This article is for information only and is not legal advice. For a specific situation, contact the Administrative Labour Tribunal or a lawyer.

Sources

• LégisQuébec: Code du travail, ss. 3, 12 to 17, 21, 25, 28, 36.1, 47, 47.0.1, 58, 106, 107, 111.0.17 and 111.22.3
• LégisQuébec: Act respecting collective agreement decrees, ss. 2, 11, 12 and 13
• LégisQuébec: Decree respecting security guards, ss. 0.01, 3.01.1, 5.01 and 9.01 (up to date as of June 1, 2026)