Canada high court rules for Wal-Mart in union case

[Omaha Steve]

Source: AP

By CHARMAINE NORONHA

TORONTO (AP) - The Supreme Court of Canada said Friday that Wal-Mart Stores Inc. was entitled to close a store in Quebec in 2005, seven months after workers voted to become the first Walmart store in North America to unionize.

The highest court in Canada ruled in a 6-3 margin that the multinational had the right to shut down the outlet in Jonquiere, Quebec, and lay off 190 employees.

Justice Ian Binnie wrote for the majority, saying that the court had "endorsed the view that no legislation obliges an employer to remain in business." And that, "the closure did not constitute an unfair labor practice aimed at hindering the union or the employees from exercising rights under the labor code."

A Wal-Mart Canada spokesman said the ruling is consistent with previous decisions from a Quebec labor commission and the Quebec Superior Court and Quebec Court of Appeal.


Read more: http://apnews.excite.com/article/20091127/D9C84LO80.html

[WriteDown]

1. This is a tough one...

I could never figure out how you could require a business to stay open though. Is there a union equivalent to Wal-Mart in that area? Seems like there would be a market for it now.

[pscot]

6. If this were a small business

with one,or just a few store it would be a reasonable decision. The state should not ba able to compell an owner to remain in business. But Walmart is the biggest, union-bust conglomerate in the world. This sucks.

[Tutankhamun]

2. Another reason to never shop at Wal-Mart

[DonCoquixote]

3. No offense meant to Canadians, but

Is this some sign that Mr. Harper really has made a dent in things?

[Sen. Walter Sobchak]

4. The Canada that American liberals love hasn't existed for decades

The country that produced John Diefenbaker and Pierre Trudeau ceased to exist decades ago, Canada went neocon the same time the US and UK did.

Harper doesn't come into it,

[sixstrings75]

10. That's fucking ludicrous. No reply necessary. N/T

[caseymoz]

5. McDonalds successfully pulled that, too.

It goes to show that any unionizing has to somehow be done on a regional basis and no longer on a local basis. It's a hard nut to crack.

[POAS]

17. Or on a national or even international level, n/t

[caseymoz]

24. Either that, or the "franchise" legal status is going to have to be rethought. nt

[POAS]

26. Well along that line of thinking

"Corporate personhood" nedds to be rethought as well!

[Cartoonist]

7. The Catch

As long as Walmart is also forbidden to open a store within a hundred miles of former site, then I can support, though not like, the ruling. There has to be some kind of qualifier.

[eggplant]

8. Nah.

They are free to build another one, and the workers are entitled to unionize, rinse and repeat. Lots of money for the local economy when they build a new one.

[glinda]

14. They always leave their empty buildings empty so to not have anyone else move in them.

So who is paying for the old building? Bet the Canadians are stuck with a good sized tax bill and upkeep, etc.....

[Mudoria]

19. No they don't

In my hometown when Wal-Mart built a super Wal-Mart a couple of miles away within a year they sold the old store to Magic Mart. Both do a pretty brisk business year-round.

[glinda]

21. What is Magic-Mart? Who owns that? Never heard of it before. Most times they

do leave their buildings as fake "storage" and such. Yours is unusual that they actually re-used the building but most likely Walmart Ok'd Magic Mart which tells me there might be a connection between them.

[glinda]

22. Looked them up. Appears they may be tied to the same interest in Religion.

http://www.magicmartstores.com/ourhistory.html

[Zhade]

27. An excellent strategy to drain Wal-Mart's coffers.

NT!

[POAS]

18. Short story from Ohio from years ago:

A small manufacturer of plastic products in Cleveland was unionized and subsequently went on strike. The company moved its entire operation to an adjoining county and the striking employees started picketing there. The company got a court to rule that the union had no right to picket at the new location, only at the original, now empty, facility.

[defendandprotect]

9. k i c k

[bertman]

11. Good. Unionize them all and shut them down. Give the mom 'n pops small business

loans and get rid of those WalMart abominations. Then the workers will be able to work for real people instead of corporate shills a thousand miles away.

Of course, first we have to convince Canadians and Americans that it's better to buy from local businesses and keep the WalMarts away.

[FatDave]

16. That's what I was thinking.

See how many stores they'll shut down.

[RedCloud]

12. Oh you can't scare me, I'm sticking to the union...

Union Maid

There once was a union maid, she never was afraid
Of goons and ginks and company finks and the deputy sheriffs who made the raid.
She went to the union hall when a meeting it was called,
And when the Legion boys come 'round
She always stood her ground.

Oh, you can't scare me, I'm sticking to the union,
I'm sticking to the union, I'm sticking to the union.
Oh, you can't scare me, I'm sticking to the union,
I'm sticking to the union 'til the day I die.

[Q3JR4]

15. ...

When the union's inspiration through the workers' blood shall run,
There can be no power greater anywhere beneath the sun;
Yet what force on earth is weaker than the feeble strength of one,
But the union makes us strong.

Solidarity forever,
Solidarity forever,
Solidarity forever,
For the union makes us strong.

They have taken untold millions that they never toiled to earn,
But without our brain and muscle not a single wheel can turn.
We can break their haughty power, gain our freedom when we learn
That the union makes us strong.

Solidarity forever,
Solidarity forever,
Solidarity forever,
For the union makes us strong.

In our hands is placed a power greater than their hoarded gold,
Greater than the might of armies, magnified a thousand-fold.
We can bring to birth a new world from the ashes of the old
For the union makes us strong.

Solidarity forever,
Solidarity forever,
Solidarity forever,
For the union makes us strong.

[Oldtimeralso]

13. K & R and proud to be # 5

America needs to have the anti-union propaganda machine shut down.

[robcon]

20. I think some DUers don't get Wal-Mart's message...

unionize, and you will lose your jobs.

It's not a pretty sight.

[Dutch]

30. Indeed. That seems to be flying over some peoples' heads.

Even though Wal Mart aren't exactly being subtle about it. But I doubt the message has been lost on many of their employees.

Doesn't get much more contemptible than this. Although, knowing Wal Mart...

[Better Today]

23. I think that so long as Walmart is then forbidden to open another store in

area, it's fine. Clearly they are jerks, but legally I can't see a problem.

BTW I've never set foot in a Walmart, even changed banks because my branch moved into the Walmart where I swore I'd never set foot. So I'm not a Walmart supporter in any way, shape, or form.

[totodeinhere]

25. Sadly, in this terrible economy a lot of folks can't afford to shop anywhere else but Walmart. n/t

[Garam_Masala]

29. More sadly, Wal-Mart is doing better than most retailers eom

[Garam_Masala]

28. Wal-Mart has a right to close any store

and I have a right to NOT shop at Wal-Mart.

I prefer it that way. I love the right to choose.

[Dutch]

31. What about the right of Wal Mart employees to choose to unionise?

I love for working people to have the right to choose, and the right to organise - both are effectively taken away by this decision.