Does anyone know what is the impact of the Supreme Court's year-old I.A.T.S.E., Stage Local 56 v. Société de la Place des Arts de Montréal decision on Walmart's ability to close stores (even profitable ones) to thwart a union organizing drive? Here's a snippet of the synopsis by Lancaster House (linked above):

quote:

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Justice Gonthier ruled, as an employer, the Place des Arts had the right to go out of business either in whole or in part. He cited with approval the following statement of Judge Marc Lesage in City Buick Pontiac (Montréal) Inc. v. Roy, [1981] T.T. 22 (L.C.): "If an employer, for whatever reason, decides as a result to actually close up shop, the dismissals which follow are the result of ceasing operations, which is a valid economic reason not to hire personnel, even if the cessation is based on socially reprehensible considerations." Gonthier rejected the union's submission that the Place des Arts did not shut down its technical services in a genuine and bona fide manner. Even if the employer's reasons had been to thwart the union, Gonthier held, this was allowed provided that the employer "carried out the decision genuinely and did not merely engage in an elaborate sham to break the employees' strike."

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[ 03 March 2005: Message edited by: James ]