The Supreme Court of Canada on Friday upheld the right of Wal-Mart Inc., the world's largest retailer, to close its operations in Jonquiere, Quebec, shortly after a union attempted to organize employees in 2005. In a 6-3 decision, the court held that there was no law or precedent that forced an employer to stay in business. The suit was filed by laid off Wal-Mart workers who claimed that the retailer violated labor laws by shutting down its operations while negotiations were taking place for a collective agreement. The former employees also alleged that Wal-Mart had a history of being anti-union and that the closure of the store was a direct attack against the employees being involved with the union. The former employees brought suit under section 17 of the Quebec Labour Code, which states that an employee may not be sanctioned for exercising any right under the Code. The court indicated that the former employees could have brought suit under section 12 instead, noting that:Ain't that some shit? Kinda makes you go hmmmm...I knew Wally World was staunchly anti-union...but to close a store? And do NOT tell me it was closed for business reasons because that is total horseshit. Walmart closed a meat dept in a TX store because they unionized under the meat cutters national union:
A claim under s. 12 is logical because the essential thrust of the appellant's position is not that he alone or with some colleagues was singled out for discriminatory treatment but that Wal-Mart targeted generally the rights of all employees at the Jonquiere store (and elsewhere). Jobs were lost not only by union supporters but by others who were indifferent about the union or who were altogether against union representation.
Wal-Mart claims that it closed the store due to poor financial performance coupled with demands by the United Food and Commercial Workers Union to hire more employees pursuant to the first collective agreement. Wal-mart won both at the Quebec Superior Court and the Quebec Court of Appeals. This was the first North American Wal-Mart to become unionized.
The world's largest retail chain has fiercely and successfully resisted unionization attempts at its 3,600 stores in the United States. Its closest call ended in Texas in 2000 when the store eliminated its meat department after 11 meat cutters voted to join a union. United Food and Commercial Workers is mounting a fresh campaign to organize Wal-Mart workers in the United States, a push it says has been given impetus by recent legal action and a former company vice president's contention that he surreptitiously organized anti-union activities.Fuckers...Sam Walton and his relatives can take a long walk off a very short pier. I know..Sam is dead but his smarmy 'vision' remains intact.