Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m N O V E M B E R / D E C E M B E R 2 0 1 5 43 he key s. 2 of the Charter of Rights and Freedoms guar- antees freedom of religion, freedom of thought, freedom of assembly, and freedom of associ- ation, including the right of work- ers to form a union to represent their interests. So what happens when an employer focuses on religious rights, and workers on their rights of associa- tion, as happened at Mennonite-owned factory Gingrich Woodcraft Inc. in a remote part of rural Ontario? A majority of workers voted to join Unifor, Canada's largest private sector union. The compa- ny, citing its interpretation of strict Men- nonite beliefs, meanwhile, has closed rather than work with a union. "This is Charter rights versus Char- ter rights," says Karen Jensen, a partner in the Ottawa office of Norton Rose Fulbright Canada LLP and a one-time member of the Canadian Human Rights Tribunal. "It's been recognized from time immemorial that rights are not completely unfettered. There's a require- ment that you consider the interests of others. You look at what is at stake here and at who stands to lose the most." Gingrich Woodcraft's owners closed their plant in August after their employ- ees voted to join Unifor, and insisted they were within their rights to do so. An initial labour board hearing was unable to find a negotiated solution, but midway through a second hearing, scheduled for two days, Unifor said there had been a settlement, and Gingrich would pay compensation to the work- ers who lost their jobs. "I am pleased to announce we've negotiated a settlement that includes a significant monetary compensation package for the Gingrich Woodcraft workers, and ensures excel- lent prospects for their reemployment," said Unifor National President Jerry Diassaid in a statement. "I'm glad this matter has come to a swift and positive resolution. This decision makes it very clear that the rights of workers to join a union are paramount. And Unifor will always stand up for workers' rights." It was an unusual case because reli- gious rights in the context of labour law usually centre on workers opting out of unions, or seeking accommodation for how they dress or when they work. But factory owners who say they can't work with a union for religious reasons? That was something new. "They believe that the Bible tells them that they have to live peaceably amongst all men. And it is their belief, as it is for many Mennonites, that working in or with a labour union can't allow them to 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 MARCO CIBOLA Charter right v. Charter right Will freedom of religion or freedom of association win the day in anti-union furniture factory closure? By Janet Guttsman T

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