LS101 Lecture Notes - Lecture 4: Quebec Superior Court, Trade Union, Intentional Tort
18 Oct 2016
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The case started in 2001 and was heard by the scc in 2014. Employees wanted to unionize under ufcw (united food and commercial workers) Certi cation requires agreement by a certain amount of employees. Walmart cannot change any working conditions while the preliminary negotiations are being discussed. 2004 negotiations begin, and then quickly shut down. So, walmart drastically changed the conditions of employment. Walmart violated labour union code sec 59. Tribunal (labour relations commission) says this is a business matter, not a labour matter - initial decision. Judicial review - went to superior court of quebec. Must decide on a labour matter and violation of sec 59. Case goes back up to the superior court of quebec. Superior court of quebec upheld the arbitrators decision - walmart is still in the wrong and. Walmart appeals to the court of appeal of quebec (2012) violated sec 59 (2010) Ufcw appeals the court of appeal decision to the scc.
