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44 N O V E M B E R / D E C E M B E R 2 0 1 5 w w w . C A N A D I A N L a w y e r m a g . c o m live peaceably amongst all men. It's not necessarily the fact that there's a labour union present, it's all the adversarial processes that come with the labour union: grievance arbitrations, certifica- tion votes, the whole certification pro- cess, collective bargaining, things like that," says Dan Matson, a Thunder Bay, Ont., lawyer who is representing Gin- grich Woodcraft in the Labour Rela- tions Board hearings against Unifor said before the last-minute agreement. "They prefer a one-on-one individual relationship with each employee and they feel that that's the way that they live peaceably amongst all men. And because there's a labour union that represents collectively in an adversarial process, they don't believe they can continue to operate their business." Matson says the Gingrich factory owners "certainly do not enjoy" their legal confrontation with Unifor, and he insists the case is different from the situation in Jonquière, Que., where Wal-Mart closed a store where workers had voted to unionize (and become the first unionized Wal-Mart store in North America). The Supreme Court sided with the Jonquière employees in a 2014 decision, ruling that the workers who lost their jobs were entitled to compen- sation. "The plan is not to pull a Wal- Mart and simply open up in another jurisdiction," says Matson. "We are not arguing that we should be able to operate without the labour union. We recognize that the employees have a right to the freedom of association, which translates into the freedom to join a labour union. Their [Gingrich's] position is we have the freedom to shut down our business on religious grounds." The abrupt shutdown of the plant, and the argument that religious rights are behind the decision, has prompted comparisons to other high-profile reli- gious rights arguments, including that of Kentucky county clerk Kim Davis, who went to jail rather than approve same-sex marriages in the U.S state. And back in Canada, the courts have often ruled in favour of religious rights — the to-be-appealed September Federal Court of Appeal ruling that a Muslim woman had the right to wear a face-covering niqab at her citizenship ceremony is a case in point. But lawyers had always expected an uphill struggle for the small, family-run Gingrich busi- ness, which is still listed on industry web sites as a maker of specialized cabinetry components. Recent Supreme Court rul- ings have laid down strong principles surrounding labour rights, including the right-to-strike decision from Saskatch- ewan Federation of Labour v. Saskatch- ewan, from January this year and the 2013 Alberta v UFCW 401 case, where the Supreme Court ruled that union rights trumped privacy rules on an acri- monious picket line. "The board will be required to exer- cise its discretion and to make its deci- sion in accordance with the Charter values," says Jensen, who described clos- ing an operation for reasons related to unionization as "problematic." She says: "When the Labour Relations Board is looking at how far Gingrich's freedom of religion goes, they will have to weigh that L E G A L R E P O RT \ L A B O U R & E M P L O Y M E N T Order # 804218-65203 $426 2 volume looseleaf supplemented book Anticipated upkeep cost – $319 per supplement 4-6 supplements per year Supplements invoiced separately 0-88804-218-3 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. 00227VI-A48890 Canadian Employment Law Stacey Reginald Ball More than 6,145 cases cited Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada, and is used in law schools throughout Canada. CANADA LAW BOOK ® Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Also available online on WestlawNext® Canada EmploymentSource™ 82 Scollard Street, Toronto, Canada, M5R 1G2 Contact Stacey Ball at (416) 921-7997 ext. 225 or srball@82scollard.com web: www.staceyball.com Ball Professional Corporation Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Disability Referrals on behalf of employees and employers respected Ball_CL_Mar_12.indd 1 12-03-13 2:27 PM

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