Life after certification applications: Lawful outsourcing and scope of bargaining units

by Karine Fournier and Valérie Gareau-Dalpé

Union certification applications can have profound impacts on the workplace. The bargaining unit’s composition will have implications for the conduct of the employer’s business, and it bears close attention.

The union applying for certification will be the one proposing the scope of the bargaining unit. Merely showing there is a more appropriate unit than the one proposed by the union is not enough. To challenge the proposed unit, employers must show that the proposed unit is actually inappropriate in the specific context of the company. Employers also face potential unfair labor practice complaints for their conduct during union organization campaigns.

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Wal-Mart’s Follow-Up: A Consolation Prize for Unions?

November 08, 2010 - by: Chris Semerjian 1 COMMENTS

By Chris Semerjian

The Quebec Superior Court recently upheld an arbitration award against Wal-Mart regarding the  closure of its store in the town of Jonquière in 2005. That closure is now also affecting Wal-Mart elsewhere in Canada. The Saskatchewan Court of Appeal recently indicated that Wal-Mart’s actions in Quebec possibly could be perceived as an intimidation tactic against Saskatchewan employees. Here is an update of the cases.

Facts
In February 2005, after the Jonquière workers had voted to become the first unionized Wal-Mart store in North America, the company announced it was closing the store. It did so on April 29, 2005. About 190 employees were laid off.

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Quebec closing may have ramifications in Saskatchewan – Wal-Mart revisited

December 02, 2008 - by: Karen Sargeant 0 COMMENTS

by Karen Sargeant

As many of you will know from earlier blog entries, Wal-Mart’s entry into Canada has been rife with union complaints. Beginning in the 1990s when employees at a Windsor, Ontario, store were automatically certified under relatively new certification provisions, employees and unions have filed numerous unfair labor practice complaints. The most recent of these complaints to be dealt with comes out of Saskatchewan.

What’s interesting about the development in Saskatchewan is that it involves a store in another province — Quebec.

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