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Supreme Court of Canada to hear Wal-Mart anti-union case

Case accepted by top court on behalf of two employees who lost jobs when Wal-Mart store closed in Quebec

 

Ottawa (11 Aug. 2008) - The Supreme Court of Canada has agreed to hear two cases of union busting alleged by former employees from a Wal-Mart store in Jonquiere, Que.

The complaints say the Arkansas-based retail giant violated the Quebec Labour Code and the right to freedom of association when it closed the store in April 2005 rather than sign a union contract with employees.

Unionized employees were negotiating their first collective agreement at the time. Wal-Mart claimed the closure - which cost 190 workers their jobs - was decided because the store was unprofitable. Polls at the time showed that few people believed the company's line.

Subsequently, the Quebec Court of Appeal sided with Wal-Mart, rejecting the case of employee Johanne Desbiens. A similar case filed by another former Wal-Mart employee, Gaétan Plourde, was rejected by the province's courts.

The United Food and Commercial Workers (UFCW Canada), which represented the workers, called the Supreme Court's decision to hear the case a victory.

"When the Supreme Court accepts to hear you, it's because the case is of national interest," said Louis Bolduc, executive assistant to the UFCW's national president.

The matter is not expected to come before the top court until 2009. Since the Jonquiere closing, employees at two other Quebec locations - a Wal-Mart store in St. Hyacinthe and a Tire & Lube garage at the Wal-Mart in Gatineau - have joined the UFCW.

The St. Hyacinthe workers are currently in binding arbitration, trying to reach their first collective agreement. In Gatineau, an arbitrator is poised to impose a history-making collective agreement.

NUPGE

The National Union of Public and General Employees (NUPGE) has signed a protocol with the United Food and Commercial Workers (UFCW Canada) to support and cooperate in the UFCW's campaign to organize workers at Wal-Mart stores across Canada. NUPGE