Canada: Supreme Court validates Wal-Mart’s decision to close a store where a union gained following

“No legislation obliges any employer to remain in business.” On November 27, the supreme court of Canada has upheld the right of Wal-Mart’s management to shut down one of its stores in Quebec, in May 2007… seven months after representatives from the United Food and Commercial Workers (UFCW) convinced workers to unionize in Jonquière. Wal-Mart’s management, in Betonville, AR, always refused that its workers join a union. The UFCW thinks the management decided to close when it saw that all Jonquière workers unionized anyway. Wal-Mart’s management explained that the union’s requirements – to hire 30 new workers – would have made the store unprofitable. Therefore, it was better to close. The union’s lawyer accused Wal-Mart of violating the Quebec Labor Code and even the workers’ constitutional rights… in vain, because a 6-3 vote ruled that the employer was allowed to shut its store down and lay off its 190 employees. In doing so, the Supreme Court ruled as the Quebec Labor Committee, the Quebec Superior Court and the Quebec Court of Appeal: “No legislation obliges any employer to remain in business” wrote Justice Ian Binnie, representative of the majority trend.
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kers’ constitutional rights… in vain, because a 6-3 vote ruled that the employer was allowed to shut its store down and lay off its 190 employees. In doing so, the Supreme Court ruled as the Quebec Labor Committee, the Quebec Superior Court and the Quebec Court of Appeal: “No legislation obliges any employer to remain in business” wrote Justice Ian Binnie, representative of the majority trend.

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