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Court Upholds Subpoena of Canada Wal-Mart Evidence

November 23, 2004

The Saskatchewan Labor Board (SLRB) was within its rights when it subpoenaed Wal-Mart to hand over evidence that outlines the company’s anti-union strategies, according to today’s ruling by the Saskatchewan Appeal Court.   The appeal court’s ruling in favor of the SLRB strikes down an earlier decision made by the lower court in July.

The SLRB originally issued a subpoena to Wal-Mart in June during hearings by the board on an application by the UFCW Canada union to represent employees at the Wal-Mart store in Weyburn, Saskatchewan.

“The courts have ruled unequivocally Wal-Mart can’t continue to delay,” said Paul Meinema, president of UFCW Canada Local 1400.  “When the SLRB asked us to turn over our own organizing materials, we complied immediately.  What does Wal-Mart have to hide?”

In May, UFCW Canada applied to the SLRB for certification after a majority of the Weyburn Wal-Mart employees had signed union membership cards. During the initial hearings, the board ordered Wal-Mart to deliver internal anti-union strategy materials for the SLRB to review and determine if the company had acted improperly or breached Saskatchewan labor laws during the campaign.  Wal-Mart refused to comply, and successfully appealed to a judge of the Saskatchewan Queen’s Bench in July to set aside the SLRB order.

“Wal-Mart’s stalling has already shown contempt for the Weyburn workers and the SLRB,” according to UFCW Canada’s national director Michael J. Fraser.  “Wal-Mart workers have the right to join a union.  Let the board determine if that’s what the Weyburn workers want and whether Wal-Mart broke the law during this campaign.”

Workers at a Wal-Mart in Jonquiere, Quebec were certified in August as members of UFCW Canada and are currently the only unionized Wal-Mart labor force in North America.  First contract negotiations have already commenced.

UFCW Canada is one of Canada’s largest private sector unions, with over 230,000 members in thousands of workplaces across Canada

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