Wal-Mart assailed in Supreme Court of Canada

'Shutting down the Charter rights of 200 Canadian workers.'

Ottawa (22 Jan 09) - Wal-Mart violated the rights of workers when it closed a store in Jonquiere, Que., after the employees were certified to form a union, the Supreme Court of Canada was told Wednesday.

The country's top court has agreed to hear an appeal by the United Food and Commercial Workers (UFCW Canada) which says the giant retailer's actions violated the right to freedom of association, which workers are guaranteed in Canada by the Charter of Rights and Freedoms. Wal-Mart claims the closure was for economic reasons.

The case is being watched by Wal-Mart employees and business groups worldwide for its potential repercussions. To date, no legitimate union has been able to gain a lasting foothold in any of Wal-Mart's global operations. Once arguments are heard in this case, the court is expected to take several months to bring down a decision.

The case involves a store Wal-Mart opened in Jonquiere, Quebec, in 2001 and closed four years later — after employees had unionized and the Quebec ministry of labour had ordered binding arbitration to impose a first contract.

"No employee at Jonquiere Wal-Mart should have lost their job because they were exercising their right (to union activity)," lawyer Claude Leblanc argued Wednesday on behalf of the employees. He rejected Wal-Mart's explanation of the closure.

'Anti-union animus?'

"We have to look deeper into it and see whether that was a real reason or was it just an excuse; was it just used to cover up the real reason, anti-union animus?" Leblanc said.

In October, Wal-Mart closed an auto service center at another store in Quebec — in Gatineau — after a collective agreement was imposed by the Quebec labour board. Again, the company claimed the closure was for economic reasons, not bias against unions.

Workers have also been certified at three other Canadian Wal-Mart stores. In none has the company negotiated a collective agreement with employees. The stores include the full Wal-Mart store in Gatineau, where the auto shop was located, a store in Ste-Hyacinthe, Que., and one in Weyburn, Sask.

"This isn't whether Wal-Mart has the right to close a store," says UFCW Canada president Wayne Hanley.

"It's about Wal-Mart shutting down the Charter rights of 200 Canadian workers. As Canadians, what's more important to us? The business rights of some multinational corporation or the human rights of Canadian workers and their families here at home?"

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